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General Assembly Bill No.

6651
January Session, 2011 LCO No. 7520
*07520__________*
Referred to Committee on No Committee

Introduced by:
REP. DONOVAN, 84th Dist.
SEN. WILLIAMS, 29th Dist.

AN ACT IMPLEMENTING PROVISIONS OF THE BUDGET


CONCERNING GENERAL GOVERNMENT.

Be it enacted by the Senate and House of Representatives in General


Assembly convened:

1 Section 1. Subsection (a) of section 17b-278g of the general statutes,


2 as amended by section 94 of senate bill 1240 of the current session, is
3 repealed and the following is substituted in lieu thereof (Effective July
4 1, 2011):

5 (a) To the extent permitted by federal law, no payment shall be


6 provided by the Department of Social Services under the Medicaid
7 program for more than one pair of eyeglasses every two years, except
8 payment may be provided under the Medicaid program for an
9 additional pair of eyeglasses during the two-year period when a
10 Medicaid recipient's health care provider determines that such
11 eyeglasses are necessary because of a change in the recipient's medical
12 condition. Said department shall administer the payment for
13 eyeglasses and contact lenses as cost effectively as possible.

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14 Sec. 2. Section 69 of senate bill 1240 of the current session is repealed
15 and the following is substituted in lieu thereof (Effective from passage):

16 Notwithstanding the provisions of section 60 of public act 05-251,


17 effective January 1, 2012, the personnel, payroll, [administrative]
18 affirmative action and business office functions of the Board of
19 Education and Services for the Blind and the Commission on the Deaf
20 and Hearing Impaired shall no longer be merged and consolidated
21 into the Department of Administrative Services and will be assumed
22 by the Bureau of Rehabilitative Services, provided the director of the
23 Bureau of Rehabilitative Services may extend the effective date for the
24 transfer of functions for six months, to June 30, 2012, by submitting a
25 written notice to the joint standing committees of the General
26 Assembly having cognizance of matters relating to human services and
27 appropriations and the budgets of state agencies.

28 Sec. 3. Section 11 of public act 11-6 is repealed and the following is


29 substituted in lieu thereof (Effective July 1, 2011):

30 (a) The Secretary of the Office of Policy and Management shall


31 monitor expenditures for Personal Services, during the fiscal years
32 ending June 30, 2012, and June 30, 2013, in order to reduce such
33 expenditures by $12,014,800 for such purpose during each such fiscal
34 year. The provisions of this subsection shall not apply to the
35 constituent units of the state system of higher education, as defined in
36 section 10a-1 of the general statutes.

37 (b) The Secretary of the Office of Policy and Management shall


38 monitor expenditures for Other Expenses, during the fiscal years
39 ending June 30, 2012, and June 30, 2013, in order to reduce such
40 expenditures for such purpose by $9,440,200 during each such fiscal
41 year. The provisions of this subsection shall not apply to the
42 constituent units of the state system of higher education, as defined in
43 section 10a-1 of the general statutes.

44 Sec. 4. Subsection (a) of section 12 of public act 11-6 is repealed and

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45 the following is substituted in lieu thereof (Effective July 1, 2011):

46 (a) Any agreement reached through negotiations between the state


47 and the State Employees Bargaining [Unit] Agent Coalition (SEBAC)
48 concerning wages, hours and other conditions of employment to
49 achieve the labor-management savings specified in [this act] public act
50 11-6 shall be subject to approval of the General Assembly in
51 accordance with section 5-278 of the general statutes.

52 Sec. 5. Subsection (b) of section 48 of public act 11-6 is repealed and


53 the following is substituted in lieu thereof (Effective July 1, 2011):

54 (b) The sum of $100,000 appropriated in section 1 of [this act] public


55 act 11-6 to the [Office of Policy and Management] Department of
56 Energy and Environmental Protection, for Operation Fuel, for each of
57 the fiscal years ending June 30, 2012, and June 30, 2013, shall be
58 available for the purpose of providing a grant to Operation Fuel,
59 Incorporated, for operating expenses incurred for administration of the
60 emergency [home cooling] energy assistance provided pursuant to
61 subsection (a) of this section.

62 Sec. 6. (Effective July 1, 2011) Up to $100,000 of the unexpended


63 balance of funds appropriated to the Banking Department in section 6
64 of public act 09-3 of the June special session, and carried forward by
65 section 55 of public act 10-179, for Other Expenses, shall not lapse on
66 June 30, 2011, and such funds shall continue to be available for the
67 purpose of upgrading software during the fiscal year ending June 30,
68 2012.

69 Sec. 7. (Effective July 1, 2011) Up to $15,000 of the unexpended


70 balance of funds appropriated to the Banking Department in section 16
71 of public act 09-3 of the June special session, for Equipment, shall not
72 lapse on June 30, 2011, and such funds shall continue to be available
73 for the purpose of upgrading software during the fiscal year ending
74 June 30, 2012.

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75 Sec. 8. (Effective July 1, 2011) Up to $300,000 of the unexpended
76 balance of funds appropriated to the Department of Motor Vehicles in
77 section 12 of public act 09-3 of the June special session, as amended by
78 section 2 of public act 10-179, for Equipment, shall not lapse on June
79 30, 2011, and such funds shall be transferred to Other Expenses, for the
80 purpose of replacing the roof of the Department of Motor Vehicles'
81 Enfield office during the fiscal years ending June 30, 2012, and June 30,
82 2013.

83 Sec. 9. (Effective July 1, 2011) Up to $100,000 of the unexpended


84 balance of funds appropriated to the Department of Motor Vehicles in
85 section 12 of public act 09-3 of the June special session, as amended by
86 section 2 of public act 10-179, for Other Expenses, shall not lapse on
87 June 30, 2011, and such funds shall continue to be available for the
88 purpose of replacing the roof of the Department of Motor Vehicles'
89 Enfield office during the fiscal years ending June 30, 2012, and June 30,
90 2013.

91 Sec. 10. Subsection (b) of section 36a-65 of the general statutes is


92 repealed and the following is substituted in lieu thereof (Effective July
93 1, 2011):

94 (b) (1) Each such bank and credit union shall pay the commissioner
95 the amount allocated to it [within twenty business days from the time
96 the commissioner mails a notice to it of the amount due, with] not later
97 than the date specified by the commissioner for payment. Any such
98 bank or credit union shall pay the commissioner an additional two
99 hundred dollars if [the amount allocated] such payment is not paid [in]
100 by the time specified. The provisions of this subdivision shall not
101 apply to any person required to pay the commissioner any fee for
102 license or registration or the whole cost of all examinations made by
103 the commissioner.

104 (2) [The] Except as provided in section 134 of public act 11-6, as
105 amended by this act, the State Treasurer shall place all funds received
106 from the commissioner [and all moneys received from any person for

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107 documents or reports sold by the commissioner] in a special fund to be
108 known as the State Banking Fund. Amounts in the fund may be
109 expended only pursuant to appropriation by the General Assembly.

110 (3) The Comptroller shall determine for each fiscal year the expenses
111 of the Department of Banking.

112 (4) The Secretary of the Office of Policy and Management shall
113 examine the State Banking Fund annually after the Comptroller has
114 made his determination and shall direct the Treasurer to set aside
115 within the Banking Fund amounts in excess of a reasonable reserve for
116 contingencies, which excess amounts shall be considered a surplus for
117 the purposes of subsection (a) of this section.

118 Sec. 11. Section 134 of public act 11-6 is repealed and the following is
119 substituted in lieu thereof (Effective July 1, 2011):

120 Any fines, civil penalties or restitution imposed by the Banking


121 Commissioner or ordered by a court of competent jurisdiction in
122 accordance with section 36a-50, 36a-53, 36b-27 or [36a-57] 36b-72 of the
123 general statutes and any late fees received by the commissioner
124 pursuant to subsection (b) of section 36a-65 of the general statutes, as
125 amended by this act, shall be deposited into the General Fund.

126 Sec. 12. Subsection (c) of section 32-601 of the general statutes is
127 repealed and the following is substituted in lieu thereof (Effective July
128 1, 2011):

129 (c) (1) The board of directors shall annually elect one of its members
130 as vice-chairperson and shall elect other of its members as officers,
131 adopt a budget and bylaws, designate an executive committee, report
132 semiannually to the appointing authorities with respect to operations,
133 finances and achievement of its economic development objectives, be
134 accountable to and cooperate with the state whenever, pursuant to the
135 provisions of sections 32-600 to 32-611, inclusive, as amended by this
136 act, the state may audit the authority or any project of the authority, as

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137 defined in section 32-600, or at any other time as the state may inquire
138 as to either, including allowing the state reasonable access to any such
139 project and to the records of the authority and exercise the powers set
140 forth in section 32-602, as amended by this act.

141 (2) The authority shall have an executive director [, who shall be a
142 member of the staff of the Office of Policy and Management and shall
143 act as project comptroller pursuant to subparagraph (A) of subdivision
144 (1) of section 32-655a. The executive director] who shall be appointed
145 by the board of directors and shall be the chief administrative officer of
146 the authority. The executive director shall not be a member of the
147 board of directors and shall be exempt from the classified service.

148 (3) Members of the board of directors shall receive no compensation


149 for the performance of their duties hereunder but shall be reimbursed
150 for all expenses reasonably incurred in the performance thereof.

151 Sec. 13. Subsection (e) of section 32-602 of the general statutes is
152 repealed and the following is substituted in lieu thereof (Effective July
153 1, 2011):

154 (e) The authority and the Secretary of the Office of Policy and
155 Management may enter into a memorandum of understanding
156 pursuant to which: (1) All administrative support and services,
157 including all staff support, necessary for the operations of the
158 authority are provided by the Office of Policy and Management, [on
159 and after July 1, 2010, and provision is made for continuity of credited
160 service in the state employee retirement system for any employees of
161 the authority hired by the Office of Policy and Management,] (2) the
162 Office of Policy and Management is authorized to administer contracts
163 and accounts of the authority, and (3) provision is made for the
164 coordination of management and operational activities at the
165 convention center facilities and the stadium facility, that may include:
166 (A) Provision for joint procurement and contracting, (B) the sharing of
167 services and resources, (C) the coordination of promotional and
168 booking activities, and (D) other arrangements designed to enhance

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169 facility utilization and revenues, reduce operating costs or achieve
170 operating efficiencies. The terms and conditions of such memorandum
171 of understanding, including provisions with respect to the
172 reimbursement by the authority to the Office of Policy and
173 Management of the costs of such administrative support and services,
174 shall be as the authority and the Secretary of the Office of Policy and
175 Management determine to be appropriate.

176 Sec. 14. (NEW) (Effective July 1, 2011) The Office of Policy and
177 Management shall (1) develop and implement an integrated set of
178 policies governing the use of information and telecommunications
179 systems for state agencies, and (2) develop a series of comprehensive
180 standards and planning guidelines pertaining to the development,
181 acquisition, implementation, oversight and management of
182 information and telecommunications systems for state agencies.

183 Sec. 15. Section 27-138 of the general statutes is repealed and the
184 following is substituted in lieu thereof (Effective July 1, 2011):

185 (a) The Soldiers, Sailors and Marines Fund shall remain as
186 established and shall be in the custody of the Treasurer as trustee of
187 the fund and shall be administered by the treasurer of the American
188 Legion. The Treasurer shall invest the fund and shall reinvest as much
189 of the fund as is not required for current disbursement in accordance
190 with the provisions of part I of chapter 32. The interest accumulations
191 of the fund so held in trust or so much thereof as is found necessary to
192 carry out the purposes hereinafter stated shall be paid, upon the order
193 of the Comptroller, upon such statements as the Comptroller may
194 require, to the treasurer of the American Legion, who shall disburse
195 the same, and the balance of said accumulations, except for a reserve of
196 one hundred thousand dollars held in custody of the trustee for
197 contingent purposes, shall at the end of each fiscal year be added to the
198 principal of the fund. If the interest accumulations of the fund,
199 together with available appropriations, if any, of other funds, are
200 insufficient to carry out the purposes of this part, the Finance Advisory

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201 Committee, upon recommendation of the Governor, shall make
202 appropriations therefor from the state General Fund, limited, however,
203 for any fiscal year to amounts which, together with said interest
204 accumulations for such year, shall not exceed the annual interest on
205 thirty-five million dollars at the average rate of the investment yield
206 earned during the preceding fiscal year on the Soldiers, Sailors and
207 Marines Fund, provided, in case of disaster constituting an emergency,
208 as declared by the Governor, the Finance Advisory Committee may
209 make additional appropriations to the fund without regard to such
210 limitation. Any amounts appropriated from the General Fund under
211 the provisions of this subsection on or after July 1, 2002, and disbursed
212 by the treasurer of the American Legion to carry out the purposes of
213 this part, shall be repaid to said fund in accordance with the provisions
214 of subsection (b) of this section. Payments to the treasurer of the
215 American Legion shall be made at such definite and stated periods as
216 are necessary to meet the convenience of the American Legion and
217 said trustee; but each payment shall be made upon the order of the
218 treasurer of the American Legion, approved by at least two of its
219 executive officers or of a special committee thereof thereunto specially
220 authorized. No part of the interest accumulation of the fund shall be
221 expended for the purpose of maintaining the American Legion.

222 (b) If in any fiscal year the interest earned on the principal of the
223 Soldiers, Sailors and Marines Fund exceeds the expenditure level of
224 said fund and there remains an outstanding balance in the cumulative
225 amount to be repaid to the General Fund by the Soldiers, Sailors and
226 Marines Fund under the provisions of subsection (a) of this section, the
227 Comptroller may transfer any interest earned in excess of expenditure
228 to the General Fund. Except as provided in this section, the
229 Comptroller may not transfer interest earned on the principal of the
230 Soldiers, Sailors and Marines Fund to the General Fund.

231 Sec. 16. Subsection (c) of section 27-39 of the general statutes is
232 repealed and the following is substituted in lieu thereof (Effective July
233 1, 2011):

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234 (c) Agricultural and other associations that receive state aid and
235 military organizations may be allowed the use of military facilities at a
236 cost not exceeding the actual maintenance cost of such facilities during
237 the period of such use. Applications for such use may be made to the
238 Adjutant General through the officer in charge of the military facility
239 desired to be used. In all cases when admission is charged, a certificate
240 of insurance, approved by the Adjutant General, indemnifying the
241 state against injuries to person and damage to property shall be
242 furnished, the cost of the certificate to be in addition to the leasing or
243 maintenance charge. The Adjutant General may allow the use of any
244 military facility, without charge, by (1) any public or private nonprofit
245 elementary or secondary school or any public institution of higher
246 education for purposes of athletic events with respect to which no
247 admission is charged, (2) the American Red Cross for purposes of
248 blood supply programs, and (3) any local, state or federal
249 governmental agency, provided any such use does not conflict with
250 the use of such facility for military purposes. The Adjutant General
251 shall allow the use of the military facilities associated with the first and
252 second companies of the Governor's Horse Guards in the towns of
253 Avon and Newtown, without charge, by nonprofit organizations
254 receiving contributions to support such Horse Guards for purposes of
255 fundraising, provided such use does not conflict with the use of such
256 facilities for military purposes.

257 Sec. 17. Section 4-61dd of the general statutes is repealed and the
258 following is substituted in lieu thereof (Effective October 1, 2011):

259 (a) Any person having knowledge of any matter involving


260 corruption, unethical practices, violation of state laws or regulations,
261 mismanagement, gross waste of funds, abuse of authority or danger to
262 the public safety occurring in any state department or agency or any
263 quasi-public agency, as defined in section 1-120, or any person having
264 knowledge of any matter involving corruption, violation of state or
265 federal laws or regulations, gross waste of funds, abuse of authority or
266 danger to the public safety occurring in any large state contract, may

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267 transmit all facts and information in such person's possession
268 concerning such matter to the Auditors of Public Accounts. The
269 Auditors of Public Accounts shall review such matter and report their
270 findings and any recommendations to the Attorney General. Upon
271 receiving such a report, the Attorney General shall make such
272 investigation as the Attorney General deems proper regarding such
273 report and any other information that may be reasonably derived from
274 such report. Prior to conducting an investigation of any information
275 that may be reasonably derived from such report, the Attorney
276 General shall consult with the Auditors of Public Accounts concerning
277 the relationship of such additional information to the report that has
278 been issued pursuant to this subsection. Any such subsequent
279 investigation deemed appropriate by the Attorney General shall only
280 be conducted with the concurrence and assistance of the Auditors of
281 Public Accounts. At the request of the Attorney General or on their
282 own initiative, the auditors shall assist in the investigation.

283 (b) (1) The Auditors of Public Accounts may reject any complaint
284 received pursuant to subsection (a) of this section if the Auditors of
285 Public Accounts determine one or more of the following:

286 (A) There are other available remedies that the complainant can
287 reasonably be expected to pursue;

288 (B) The complaint is better suited for investigation or enforcement


289 by another state agency;

290 (C) The complaint is trivial, frivolous, vexatious or not made in


291 good faith;

292 (D) Other complaints have greater priority in terms of serving the
293 public good;

294 (E) The complaint is not timely or is too long delayed to justify
295 further investigation; or

296 (F) The complaint could be handled more appropriately as part of

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297 an ongoing or scheduled regular audit.

298 (2) If the Auditors of Public Accounts reject a complaint pursuant to


299 subdivision (1) of this subsection, the Auditors of Public Accounts
300 shall provide a report to the Attorney General setting out the basis for
301 the rejection.

302 (3) If at any time the Auditors of Public Accounts determine that a
303 complaint is more appropriately investigated by another state agency,
304 the Auditors of Public Accounts shall refer the complaint to such
305 agency. The investigating agency shall provide a status report
306 regarding the referred complaint to the Auditors of Public Accounts
307 upon request.

308 (c) The Attorney General [shall have power to] may summon
309 witnesses, require the production of any necessary books, papers or
310 other documents and administer oaths to witnesses, where necessary,
311 for the purpose of an investigation pursuant to this section or for the
312 purpose of investigating a suspected violation of subsection (a) of
313 section 17b-301b until such time as the Attorney General files a civil
314 action pursuant to section 17b-301c. Upon the conclusion of the
315 investigation, the Attorney General shall where necessary, report any
316 findings to the Governor, or in matters involving criminal activity, to
317 the Chief State's Attorney. In addition to the exempt records provision
318 of section 1-210, the Auditors of Public Accounts and the Attorney
319 General shall not, after receipt of any information from a person under
320 the provisions of this section or sections 17b-301c to 17b-301g,
321 inclusive, disclose the identity of such person without such person's
322 consent unless the Auditors of Public Accounts or the Attorney
323 General determines that such disclosure is unavoidable, and may
324 withhold records of such investigation, during the pendency of the
325 investigation.

326 [(b)] (d) (1) No state officer or employee, as defined in section 4-141,
327 no quasi-public agency officer or employee, no officer or employee of a
328 large state contractor and no appointing authority shall take or

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329 threaten to take any personnel action against any state or quasi-public
330 agency employee or any employee of a large state contractor in
331 retaliation for (A) such employee's or contractor's disclosure of
332 information to [(A)] (i) an employee of the Auditors of Public Accounts
333 or the Attorney General under the provisions of subsection (a) of this
334 section; [(B)] (ii) an employee of the state agency or quasi-public
335 agency where such state officer or employee is employed; [(C)] (iii) an
336 employee of a state agency pursuant to a mandated reporter statute or
337 pursuant to subsection (b) of section 17a-28; or [(D)] (iv) in the case of a
338 large state contractor, an employee of the contracting state agency
339 concerning information involving the large state contract; or (B) such
340 employee's testimony or assistance in any proceeding under this
341 section.

342 [(2) If a state or quasi-public agency employee or an employee of a


343 large state contractor alleges that a personnel action has been
344 threatened or taken in violation of subdivision (1) of this subsection,
345 the employee may notify the Attorney General, who shall investigate
346 pursuant to subsection (a) of this section.]

347 [(3)] (2) (A) Not later than [thirty] ninety days after learning of the
348 specific incident giving rise to a claim that a personnel action has been
349 threatened or has occurred in violation of subdivision (1) of this
350 subsection, a state or quasi-public agency employee, an employee of a
351 large state contractor or the employee's attorney may file a complaint
352 against the state agency, quasi-public agency, large state contractor or
353 appointing authority concerning such personnel action with the Chief
354 Human Rights Referee designated under section 46a-57. Such
355 complaint may be amended if an additional incident giving rise to a
356 claim under this subdivision occurs subsequent to the filing of the
357 original complaint. The Chief Human Rights Referee shall assign the
358 complaint to a human rights referee appointed under section 46a-57,
359 who shall conduct a hearing and issue a decision concerning whether
360 the officer or employee taking or threatening to take the personnel
361 action violated any provision of this section. [If] The human rights

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362 referee may order a state agency or quasi-public agency to produce (i)
363 an employee of such agency or quasi-public agency to testify as a
364 witness in any proceeding under this subdivision, or (ii) books, papers
365 or other documents relevant to the complaint, without issuing a
366 subpoena. If such agency or quasi-public agency fails to produce such
367 witness, books, papers or documents, not later than thirty days after
368 such order, the human rights referee may consider such failure as
369 supporting evidence for the complainant. If, after the hearing, the
370 human rights referee finds [such] a violation, the referee may award
371 the aggrieved employee reinstatement to the employee's former
372 position, back pay and reestablishment of any employee benefits for
373 which the employee would otherwise have been eligible if such
374 violation had not occurred, reasonable attorneys' fees, and any other
375 damages. For the purposes of this subsection, such human rights
376 referee shall act as an independent hearing officer. The decision of a
377 human rights referee under this subsection may be appealed by any
378 person who was a party at such hearing, in accordance with the
379 provisions of section 4-183.

380 (B) The Chief Human Rights Referee shall adopt regulations, in
381 accordance with the provisions of chapter 54, establishing the
382 procedure for filing complaints and noticing and conducting hearings
383 under subparagraph (A) of this subdivision.

384 [(4)] (3) As an alternative to the provisions of [subdivisions (2) and


385 (3)] subdivision (2) of this subsection: (A) A state or quasi-public
386 agency employee who alleges that a personnel action has been
387 threatened or taken may file an appeal not later than [thirty] ninety
388 days after learning of the specific incident giving rise to such claim
389 with the Employees' Review Board under section 5-202, or, in the case
390 of a state or quasi-public agency employee covered by a collective
391 bargaining contract, in accordance with the procedure provided by
392 such contract; or (B) an employee of a large state contractor alleging
393 that such action has been threatened or taken may, after exhausting all
394 available administrative remedies, bring a civil action in accordance

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395 with the provisions of subsection (c) of section 31-51m.

396 [(5)] (4) In any proceeding under subdivision (2) [,] or (3) [or (4)] of
397 this subsection concerning a personnel action taken or threatened
398 against any state or quasi-public agency employee or any employee of
399 a large state contractor, which personnel action occurs not later than
400 [one year] two years after the employee first transmits facts and
401 information concerning a matter under subsection (a) of this section or
402 discloses information under subdivision (1) of this subsection to the
403 Auditors of Public Accounts, [or] the Attorney General or an employee
404 of a state agency or quasi-public agency, as applicable, there shall be a
405 rebuttable presumption that the personnel action is in retaliation for
406 the action taken by the employee under subsection (a) of this section or
407 subdivision (1) of this subsection.

408 [(6)] (5) If a state officer or employee, as defined in section 4-141, a


409 quasi-public agency officer or employee, an officer or employee of a
410 large state contractor or an appointing authority takes or threatens to
411 take any action to impede, fail to renew or cancel a contract between a
412 state agency and a large state contractor, or between a large state
413 contractor and its subcontractor, in retaliation for the disclosure of
414 information pursuant to subsection (a) of this section or subdivision (1)
415 of this subsection to any agency listed in subdivision (1) of this
416 subsection, such affected agency, contractor or subcontractor may, not
417 later than ninety days after learning of such action, threat or failure to
418 renew, bring a civil action in the superior court for the judicial district
419 of Hartford to recover damages, attorney's fees and costs.

420 [(c)] (e) Any employee of a state or quasi-public agency or large


421 state contractor, who is found by the Auditors of Public Accounts, the
422 Attorney General, a human rights referee or the Employees' Review
423 Board to have knowingly and maliciously made false charges under
424 subsection (a) of this section, shall be subject to disciplinary action by
425 such employee's appointing authority up to and including dismissal.
426 In the case of a state or quasi-public agency employee, such action

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427 shall be subject to appeal to the Employees' Review Board in
428 accordance with section 5-202, or in the case of state or quasi-public
429 agency employees included in collective bargaining contracts, the
430 procedure provided by such contracts.

431 [(d)] (f) On or before September first, annually, the Auditors of


432 Public Accounts shall submit, in accordance with the provisions of
433 section 11-4a, to the clerk of each house of the General Assembly a
434 report indicating the number of matters for which facts and
435 information were transmitted to the auditors pursuant to this section
436 during the preceding state fiscal year and the disposition of each such
437 matter.

438 [(e)] (g) Each contract between a state or quasi-public agency and a
439 large state contractor shall provide that, if an officer, employee or
440 appointing authority of a large state contractor takes or threatens to
441 take any personnel action against any employee of the contractor in
442 retaliation for such employee's disclosure of information to any
443 employee of the contracting state or quasi-public agency or the
444 Auditors of Public Accounts or the Attorney General under the
445 provisions of subsection (a) or subdivision (1) of subsection (d) of this
446 section, the contractor shall be liable for a civil penalty of not more
447 than five thousand dollars for each offense, up to a maximum of
448 twenty per cent of the value of the contract. Each violation shall be a
449 separate and distinct offense and in the case of a continuing violation
450 each calendar day's continuance of the violation shall be deemed to be
451 a separate and distinct offense. The executive head of the state or
452 quasi-public agency may request the Attorney General to bring a civil
453 action in the superior court for the judicial district of Hartford to seek
454 imposition and recovery of such civil penalty.

455 [(f)] (h) Each state agency or quasi-public agency shall post a notice
456 of the provisions of this section relating to state employees and quasi-
457 public agency employees in a conspicuous place that is readily
458 available for viewing by employees of such agency or quasi-public

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459 agency. Each large state contractor shall post a notice of the provisions
460 of this section relating to large state contractors in a conspicuous place
461 which is readily available for viewing by the employees of the
462 contractor.

463 [(g)] (i) No person who, in good faith, discloses information [to the
464 Auditors of Public Accounts or the Attorney General] in accordance
465 with the provisions of this section shall be liable for any civil damages
466 resulting from such good faith disclosure.

467 [(h)] (j) As used in this section:

468 (1) "Large state contract" means a contract between an entity and a
469 state or quasi-public agency, having a value of five million dollars or
470 more; and

471 (2) "Large state contractor" means an entity that has entered into a
472 large state contract with a state or quasi-public agency.

473 Sec. 18. (Effective from passage) On or before February 1, 2012, the
474 Attorney General and the Auditors of Public Accounts shall submit a
475 joint report to the Legislative Program Review and Investigations
476 Committee, in accordance with the provisions of section 11-4a of the
477 general statutes, concerning the status of modifications made to the
478 Attorney General's and Auditors' implementation of section 4-61dd of
479 the general statutes, as amended by this act.

480 Sec. 19. (Effective July 1, 2011) No Auditor of Public Accounts


481 appointed pursuant to section 2-89 of the general statutes shall receive
482 any mileage reimbursement for the biennium ending June 30, 2013.

483 Sec. 20. (Effective from passage) (a) The Commission on Human
484 Rights and Opportunities shall, within available appropriations and in
485 consultation with the Department of Administrative Services, conduct
486 a disparity study. The study shall generate statistical data concerning
487 the state's current set-aside program, established under section 4a-60g
488 of the general statutes, to determine whether its current form achieves

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489 the goal of facilitating the participation in state contracts of small
490 contractors and minority business enterprises. The study shall include,
491 but not be limited to, examining:

492 (1) Whether there is significant evidence of past or continuing


493 discrimination in the way that the state's contracting duties are
494 executed;

495 (2) The number of small contractors or minority business enterprises


496 that are qualified for eligibility for state contracts under the set-aside
497 program established pursuant to section 4a-60g of the general statutes,
498 and a determination of whether such businesses are legitimate small
499 contractors or legitimately owned by members of a minority; and

500 (3) The state's contracting processes to determine if there are any
501 unintentional but existing barriers in the process that prevent small
502 contractors and minority business enterprises from fully participating
503 in the state's contracting process.

504 (b) Not later than January 1, 2012, the executive director of the
505 Commission on Human Rights and Opportunities shall submit
506 findings concerning such study and any recommendations for
507 legislative action concerning such study, in accordance with the
508 provisions of section 11-4a of the general statutes, to the joint standing
509 committee of the General Assembly having cognizance of matters
510 relating to government administration.

511 Sec. 21. Section 29-4 of the general statutes is repealed and the
512 following is substituted in lieu thereof (Effective July 1, 2011):

513 On and after January 1, 2006, the Commissioner of Public Safety


514 shall appoint and maintain a minimum of one thousand two hundred
515 forty-eight sworn state police personnel to efficiently maintain the
516 operation of the division. On or after June 6, 1990, the commissioner
517 shall appoint from among such personnel not more than three
518 lieutenant colonels who shall be in the unclassified service as provided

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519 in section 5-198. Any permanent employee in the classified service who
520 accepts appointment to the position of lieutenant colonel in the
521 unclassified service may return to the classified service at such
522 employee's former rank. [The position of major in the classified service
523 shall be abolished on July 1, 1999, but any existing position of major in
524 the classified service may continue until termination of service.] The
525 commissioner shall appoint not more than [seven] twelve majors who
526 shall be in the [unclassified] classified service. [as provided in section
527 5-198.] The position of major in the unclassified service shall be
528 abolished on July 1, 2011. Any permanent employee in the classified
529 service who accepts appointment to the position of major in the
530 unclassified service prior to July 1, 2011, may return to the classified
531 service at such permanent employee's former rank. The commissioner,
532 subject to the provisions of chapter 67, shall appoint such numbers of
533 captains, lieutenants, sergeants, detectives and corporals as the
534 commissioner deems necessary to officer efficiently the state police
535 force. The commissioner may appoint a Deputy State Fire Marshal
536 who shall be in the unclassified service as provided in section 5-198.
537 Any permanent employee in the classified service who accepts
538 appointment to the position of Deputy State Fire Marshal in the
539 unclassified service may return to the classified service at such
540 employee's former rank, class or grade, whichever is applicable. The
541 commissioner shall establish such divisions as the commissioner
542 deems necessary for effective operation of the state police force and
543 consistent with budgetary allotments, a Criminal Intelligence Division
544 and a state-wide organized crime investigative task force to be
545 engaged throughout the state for the purpose of preventing and
546 detecting any violation of the criminal law. The head of the Criminal
547 Intelligence Division shall be of the rank of sergeant or above. The
548 head of the state-wide organized crime investigative task force shall be
549 a police officer. Salaries of the members of the Division of State Police
550 within the Department of Public Safety shall be fixed by the
551 Commissioner of Administrative Services as provided in section 4-40.
552 State police personnel may be promoted, demoted, suspended or

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553 removed by the commissioner, but no final dismissal from the service
554 shall be ordered until a hearing has been had before said commissioner
555 on charges preferred against such officer. Each state police officer shall,
556 before entering upon such officer's duties, be sworn to the faithful
557 performance of such duties. The Commissioner of Public Safety shall
558 designate an adequate patrol force for motor patrol work exclusively.

559 Sec. 22. (NEW) (Effective July 1, 2011) (a) The constituent units of the
560 state system of higher education, as defined in section 10a-1 of the
561 general statutes, shall use best efforts to work with the Secretary of the
562 Office of Policy and Management, the Department of Administrative
563 Services and the Comptroller to fully utilize the CORE-CT system in
564 carrying out accounting processes and financial reporting that meet
565 constitutional needs and providing for budgetary and financial
566 reporting needs.

567 (b) The constituent units of the state system of higher education, as
568 defined in section 10a-1 of the general statutes, shall use best efforts to
569 work with the Secretary of the Office of Policy and Management, the
570 Department of Administrative Services and the Comptroller to fully
571 utilize the CORE-CT system to provide for human resources and
572 payroll reporting and to initiate the process of determining consistent
573 classification and compensation for employees not represented by an
574 employee organization, as defined in section 5-270 of the general
575 statutes.

576 Sec. 23. (Effective July 1, 2011) The unexpended balance of funds
577 appropriated in section 11 of public act 09-3 of the June special session,
578 as amended by section 1 of public act 10-179, for Connecticut Impaired
579 Driving Records Information System, shall not lapse on June 30, 2011,
580 and shall continue to be available for such purpose during the fiscal
581 years ending June 30, 2012, and June 30, 2013.

582 Sec. 24. (Effective July 1, 2011) The unexpended balance of funds
583 appropriated to the Office of Policy and Management in section 43 of
584 public act 08-1 of the January special session and carried forward

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585 under section 36 of public act 09-3 of the June special session, section
586 33 of public act 10-179 and section 15 of public act 11-6, for design and
587 implementation of a comprehensive, state-wide information
588 technology system for the sharing of criminal justice information and
589 for costs related to the Criminal Justice Information System Governing
590 Board, shall be transferred to Criminal Justice Information
591 System/Connecticut Information Sharing System, a newly-created
592 account within the Office of Policy and Management, and such funds
593 shall continue to be available for such purposes during the fiscal years
594 ending June 30, 2012, and June 30, 2013.

595 Sec. 25. Subsection (i) of section 14-12 of the general statutes is
596 repealed and the following is substituted in lieu thereof (Effective July
597 1, 2011):

598 (i) The commissioner or any city, town, borough or other taxing
599 district authorized under subsection (f) of section 14-33, as amended
600 by this act, may issue a temporary registration to the owner of a motor
601 vehicle. The application for a temporary registration shall conform to
602 the provisions of this section. A temporary registration may be issued
603 for a time determined by the commissioner and may be renewed from
604 time to time at the discretion of the commissioner. The fee for a
605 temporary registration or any renewal thereof shall be as provided in
606 subsection (n) of section 14-49.

607 Sec. 26. Section 14-33 of the general statutes is amended by adding
608 subsection (f) as follows (Effective July 1, 2011):

609 (NEW) (f) Any city, town, borough or other taxing district that
610 notifies the commissioner of (1) a delinquency in accordance with
611 subsection (a) of this section, or (2) an owner of a registered motor
612 vehicle who has unpaid fines for more than five parking violations in
613 accordance with subsection (c) of this section, may participate in a
614 program to issue temporary registrations for passenger motor vehicles
615 on behalf of the commissioner to persons whose registrations have
616 been denied, and who subsequently make full payment to the city,

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617 town, borough or other taxing district for the amounts owed under
618 said subsections. A participating city, town, borough or other taxing
619 district shall issue such temporary registrations in accordance with
620 subsection (i) of section 14-12, as amended by this act, and shall retain
621 the fees authorized in subsection (n) of section 14-49 for such
622 registrations. The commissioner may adopt regulations in accordance
623 with chapter 54 to carry out the provisions of this subsection.

624 Sec. 27. Subsection (a) of section 14-41, as amended by section 137 of
625 public act 11-6, is repealed and the following is substituted in lieu
626 thereof (Effective July 1, 2011):

627 (a) [Except as provided in section 14-41a, each motor vehicle


628 operator's license shall be renewed every six years or every four years
629 on the date of the operator's birthday in accordance with a schedule to
630 be established by the commissioner.] Upon every [other] renewal of a
631 motor vehicle operator's license or identity card issued pursuant to
632 section 1-1h, the commissioner may issue such license or identity card
633 without the personal appearance of the licensee or identity card holder
634 if (1) such licensee or identity card holder has a digital image on file
635 with the commissioner, and (2) such licensee or identity card holder
636 has fulfilled all other requirements for such renewal. [On and after July
637 1, 2011, the Commissioner of Motor Vehicles shall screen the vision of
638 each motor vehicle operator prior to every other renewal of the
639 operator's license of such operator in accordance with a schedule
640 adopted by the commissioner. Such screening requirement shall apply
641 to every other renewal following the initial screening. In lieu of the
642 vision screening by the commissioner, such operator may submit the
643 results of a vision screening conducted by a licensed health care
644 professional qualified to conduct such screening on a form prescribed
645 by the commissioner during the twelve months preceding such
646 renewal. No motor vehicle operator's license may be renewed unless
647 the operator passes such vision screening. The commissioner shall
648 adopt regulations, in accordance with the provisions of chapter 54, to
649 implement the provisions of this subsection related to the

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650 administration of vision screening.]

651 Sec. 28. Subsection (a) of section 14-10 of the general statutes is
652 repealed and the following is substituted in lieu thereof (Effective July
653 1, 2011):

654 (a) For the purposes of this section:

655 (1) "Disclose" means to engage in any practice or conduct to make


656 available and make known, by any means of communication, personal
657 information or highly restricted personal information contained in a
658 motor vehicle record pertaining to an individual to any other
659 individual, organization or entity;

660 (2) "Motor vehicle record" means any record that pertains to an
661 operator's license, learner's permit, identity card, registration,
662 certificate of title or any other document issued by the Department of
663 Motor Vehicles;

664 (3) "Personal information" means information that identifies an


665 individual and includes an individual's photograph or computerized
666 image, Social Security number, operator's license number, name,
667 address other than the zip code, telephone number, electronic mail
668 address, or medical or disability information, but does not include
669 information on motor vehicle accidents or violations, or information
670 relative to the status of an operator's license, registration or insurance
671 coverage;

672 (4) "Highly restricted personal information" means an individual's


673 photograph or computerized image, Social Security number or medical
674 or disability information; and

675 (5) "Express consent" means an affirmative agreement given by the


676 individual who is the subject of personal information that specifically
677 grants permission to the department to release such information to the
678 requesting party. Such agreement shall (A) be in writing or such other
679 form as the commissioner may determine in regulations adopted in

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680 accordance with the provisions of chapter 54, and (B) specify a
681 procedure for the individual to withdraw such consent, as provided in
682 regulations adopted in accordance with the provisions of chapter 54.

683 Sec. 29. (NEW) (Effective January 1, 2012) The Commercial Recording
684 Division of the office of the Secretary of the State shall establish an
685 electronic business portal as a single point of entry for business entities
686 for purposes of business registration pursuant to title 33 or 34 of the
687 general statutes. Such portal shall provide explanatory information
688 and electronic links provided by state agencies and quasi-public
689 agencies, including, but not limited to, the Labor Department, the
690 Workers' Compensation Commission, the Departments of Economic
691 and Community Development, Administrative Services, Consumer
692 Protection, Environmental Protection and Revenue Services, the
693 Connecticut Development Authority, Connecticut Innovations,
694 Incorporated, Connecticut Licensing Info Center, The United States
695 Small Business Administration, the Connecticut Small Business
696 Development Center and the Connecticut Economic Resource Center,
697 for the purposes of assisting such business entities in determining
698 permitting and licensure requirements, identifying state revenue
699 responsibilities and benefits, and finding available state financial
700 incentives and programs related to such entities' businesses. The
701 information provided for purposes of business registration with the
702 office of the Secretary of the State may be made available to state
703 agencies and quasi-public agencies for economic development, state
704 revenue collection and statistical purposes as provided by law.

705 Sec. 30. (Effective from passage) (a) There is established a task force to
706 study the distribution of state funds to municipalities as payments in
707 lieu of taxes under chapters 201 and 203 of the general statutes,
708 distributions from the Mashantucket Pequot and Mohegan Fund under
709 sections 3-55i to 3-55m, inclusive, of the general statutes, equalization
710 aid grants under sections 10-262h and 10-262i of the general statutes,
711 public school transportation grants or reimbursement under sections
712 10-54, 10-66ee, 10-97, 10-158a, 10-266m, 10-273a and 10-277 of the

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713 general statutes and nonpublic school transportation grants under
714 sections 10-266m, 10-277 and 10-281 of the general statutes. Such study
715 shall evaluate the equity, efficiency and continued viability of such
716 distribution of funds.

717 (b) The task force shall consist of the following members:

718 (1) One appointed by the speaker of the House of Representatives;

719 (2) One appointed by the president pro tempore of the Senate;

720 (3) One appointed by the majority leader of the House of


721 Representatives;

722 (4) One appointed by the majority leader of the Senate;

723 (5) One appointed by the minority leader of the House of


724 Representatives;

725 (6) One appointed by the minority leader of the Senate;

726 (7) The chairpersons of the joint standing committee of the General
727 Assembly having cognizance of matters relating to appropriations; and

728 (8) The ranking members of the joint standing committee of the
729 General Assembly having cognizance of matters relating to
730 appropriations.

731 (c) Any member of the task force appointed under subdivision (1),
732 (2), (3), (4), (5) or (6) of subsection (b) of this section may be a member
733 of the General Assembly.

734 (d) All appointments to the task force shall be made not later than
735 thirty days after the effective date of this section. Any vacancy shall be
736 filled by the appointing authority.

737 (e) The speaker of the House of Representatives and the president
738 pro tempore of the Senate shall select the chairpersons of the task force

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739 from among the members of the task force. Such chairpersons shall
740 schedule the first meeting of the task force, which shall be held not
741 later than sixty days after the effective date of this section.

742 (f) The administrative staff of the joint standing committee of the
743 General Assembly having cognizance of matters relating to
744 appropriations shall serve as administrative staff of the task force.

745 (g) Not later than January 1, 2012, the task force shall submit a
746 report on its findings and recommendations to the joint standing
747 committee of the General Assembly having cognizance of matters
748 relating to appropriations, in accordance with the provisions of section
749 11-4a of the general statutes. The task force shall terminate on the date
750 that it submits such report or January 1, 2012, whichever is later.

751 Sec. 31. Section 4-73 of the general statutes is repealed and the
752 following is substituted in lieu thereof (Effective July 1, 2011):

753 (a) [Part II of the] The budget document shall present in detail for
754 each fiscal year of the ensuing biennium the Governor's
755 recommendation for appropriations to meet the expenditure needs of
756 the state from the General Fund and from all special and agency funds
757 classified by budgeted agencies and showing for each budgeted
758 agency and its subdivisions: (1) A narrative summary describing the
759 agency, the Governor's recommendations for appropriations for the
760 agency, [and a list of agency programs,] the actual expenditure for the
761 last-completed fiscal year, the estimated expenditure for the current
762 fiscal year, the amount requested by the agency and the Governor's
763 recommendations for appropriations for each fiscal year of the ensuing
764 biennium; (2) a summary of permanent full-time positions by fund,
765 setting forth the number filled and the number vacant as of the end of
766 the last-completed fiscal year, the total number intended to be funded
767 by appropriations without reduction for turnover for the fiscal year in
768 progress, the total number requested and the total number
769 recommended for each fiscal year of the biennium to which the budget
770 relates.

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771 [(b) In addition, programs shall be supported by: (1) The statutory
772 authorization for the program; (2) a statement of program objectives;
773 (3) a description of the program, including a statement of need,
774 eligibility requirements and any intergovernmental participation in the
775 program; (4) a statement of performance measures by which the
776 accomplishments toward the program objectives can be assessed,
777 which shall include, but not be limited to, an analysis of the workload,
778 quality or level of service and effectiveness of the program; (5)
779 program budget data broken down by major object of expenditure,
780 showing additional federal and private funds; (6) a summary of
781 permanent full-time positions by fund, setting forth the number filled
782 and the number vacant as of the end of the last-completed fiscal year,
783 the total number intended to be funded by appropriations without
784 reduction for turnover for the fiscal year in progress, the total number
785 requested and the total number recommended for each fiscal year of
786 the biennium to which the budget relates; (7) a statement of
787 expenditures for the last-completed and current fiscal years, the
788 agency request and the Governor's recommendation for each fiscal
789 year of the ensuing biennium and, for any new or expanded program,
790 estimated expenditure requirements for the fiscal year next succeeding
791 the biennium to which the budget relates; and (8) an explanation of
792 any significant program changes requested by the agency or
793 recommended by the Governor.]

794 [(c) (1)] (b) There shall be a supporting schedule of total agency
795 expenditures including a line-item, minor object breakdown of
796 personal services, energy costs, contractual services and commodities
797 and a total of state aid grants and equipment, showing the actual
798 expenditures for the last-completed fiscal year, estimated expenditures
799 for the current fiscal year and requested and recommended
800 appropriations for each fiscal year of the ensuing biennium, classified
801 by objects according to a standard plan of classification.

802 [(2) In addition, the supporting schedule of agency energy costs


803 shall be supported by a statement of the agency's plans for energy

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804 conservation in each fiscal year of the ensuing biennium, and a
805 statement of the progress the agency has made in the last-completed
806 fiscal year concerning energy conservation.]

807 [(d)] (c) All federal funds expended or anticipated for any purpose
808 shall be accounted for in the budget. The document shall set forth a
809 listing of federal programs, showing the actual expenditures for the
810 last-completed fiscal year, estimated expenditures for the current fiscal
811 year and anticipated funds available for expenditure for each fiscal
812 year of the ensuing biennium. Such federal funds shall be classified by
813 [program in] each budgeted agency but shall not include research
814 grants made to educational institutions.

815 [(e)] (d) [Part II of the] The budget document shall also set forth the
816 budget recommendations for the capital program, to be supported by
817 statements listing the agency's requests and the Governor's
818 recommendations with the statements required by section 4-78.

819 [(f)] (e) The appropriations recommended for the legislative branch
820 of the state government shall be the estimates of expenditure
821 requirements transmitted to the Secretary of the Office of Policy and
822 Management by the Joint Committee on Legislative Management
823 pursuant to section 4-77 and the recommended adjustments and
824 revisions of such estimates shall be the recommended adjustments and
825 revisions, if any, transmitted by said committee pursuant to said
826 section 4-77.

827 [(g)] (f) The appropriations recommended for the [judicial branch of
828 the state government] Judicial Department shall be the estimates of
829 expenditure requirements transmitted to the Secretary of the Office of
830 Policy and Management by the Chief Court Administrator pursuant to
831 section 4-77 and the recommended adjustments and revisions of such
832 estimates shall be the recommended adjustments and revisions, if any,
833 transmitted by said administrator pursuant to section 4-77.

834 Sec. 32. Section 4-74 of the general statutes is repealed and the

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835 following is substituted in lieu thereof (Effective July 1, 2011):

836 [Part III of the] The budget document shall be based upon the
837 consensus revenue estimate or revised consensus revenue estimate
838 issued pursuant to section 2-36c, and shall [consist of] include a draft
839 or drafts of appropriation and revenue bills to carry out the
840 recommendations of the Governor. [to be included in parts I and II of
841 the budget document.] Such appropriation bills shall indicate the
842 funds, general or special, from which such appropriations shall be
843 paid, but such appropriations need not be in greater detail than to
844 indicate the total appropriation to be made to each budgeted agency
845 and each independently organized division thereof for each major
846 function, [or program,] equipment, land and buildings and
847 improvements.

848 Sec. 33. Section 4-74a of the general statutes is repealed and the
849 following is substituted in lieu thereof (Effective July 1, 2011):

850 [Part IV of the] The budget document shall [consist of] include the
851 recommendations of the Governor concerning the economy and shall
852 include an analysis of the impact of both proposed spending and
853 proposed revenue programs on the employment, production and
854 purchasing power of the people and industries within the state.

855 Sec. 34. Subsection (a) of section 31-71b of the general statutes is
856 repealed and the following is substituted in lieu thereof (Effective July
857 1, 2011):

858 (a) [Each] (1) Except as provided in subdivision (2) of this


859 subsection, each employer, [by himself, his] or the agent or
860 representative of an employer, shall pay weekly all moneys due each
861 employee on a regular pay day, designated in advance by the
862 employer, in cash, by negotiable checks or, upon an employee's written
863 request, by credit to such employee's account in any bank [which] that
864 has agreed with the employer to accept such wage deposits.

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865 (2) Unless otherwise requested by the recipient, the Comptroller
866 shall pay all wages due each state employee, as defined in section 5-
867 196, by electronic direct deposit to such employee's account in any
868 bank, Connecticut credit union or federal credit union that has agreed
869 with the Comptroller to accept such wage deposits.

870 Sec. 35. (NEW) (Effective July 1, 2011) Unless otherwise requested by
871 the recipient, any pension payment made under (1) the retirement
872 system administered by the Connecticut State Employees Retirement
873 Commission pursuant to chapter 66 of the general statutes, or (2) an
874 alternate retirement program authorized by said commission shall be
875 made by electronic direct deposit to the recipient's account in a bank,
876 Connecticut credit union or federal credit union that has agreed to
877 accept such payment.

878 Sec. 36. (NEW) (Effective July 1, 2011) Unless otherwise requested by
879 the recipient, any pension payment made under section 10-183c of the
880 general statutes shall be made by electronic direct deposit to the
881 recipient's account in a bank, Connecticut credit union or federal credit
882 union that has agreed to accept such payment.

883 Sec. 37. Subsection (e) of section 20-280 of the general statutes is
884 repealed and the following is substituted in lieu thereof (Effective July
885 1, 2011):

886 (e) The board, subject to the provisions of chapter 67, may employ
887 an executive director and such other personnel as may be necessary to
888 carry out the provisions of sections 20-279b to 20-281m, inclusive. The
889 board may enter into such contractual agreements as may be necessary
890 for the discharge of its duties, within the limit of its appropriated
891 funds and in accordance with established procedures, as it deems
892 necessary in its administration and enforcement of said sections. It
893 may appoint committees or persons to advise or assist the board in
894 such administration and enforcement as it may see fit. Said board
895 shall be within the office of the Secretary of the State.

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896 Sec. 38. Section 19a-55 of the general statutes is repealed and the
897 following is substituted in lieu thereof (Effective October 1, 2011):

898 (a) The administrative officer or other person in charge of each


899 institution caring for newborn infants shall cause to have administered
900 to every such infant in its care an HIV-related test, as defined in section
901 19a-581, a test for phenylketonuria and other metabolic diseases,
902 hypothyroidism, galactosemia, sickle cell disease, maple syrup urine
903 disease, homocystinuria, biotinidase deficiency, congenital adrenal
904 hyperplasia and such other tests for inborn errors of metabolism as
905 shall be prescribed by the Department of Public Health. The tests shall
906 be administered as soon after birth as is medically appropriate. If the
907 mother has had an HIV-related test pursuant to section 19a-90 or 19a-
908 593, the person responsible for testing under this section may omit an
909 HIV-related test. The Commissioner of Public Health shall (1)
910 administer the newborn screening program, (2) direct persons
911 identified through the screening program to appropriate specialty
912 centers for treatments, consistent with any applicable confidentiality
913 requirements, and (3) set the fees to be charged to institutions to cover
914 all expenses of the comprehensive screening program including
915 testing, tracking and treatment. The fees to be charged pursuant to
916 subdivision (3) of this subsection shall be set at a minimum of fifty-six
917 dollars. [The commissioner shall adopt regulations, in accordance with
918 chapter 54, to implement the provisions of this section.] The
919 Commissioner of Public Health shall publish a list of all the abnormal
920 conditions for which the department screens newborns under the
921 newborn screening program, which shall include screening for amino
922 acid disorders, organic acid disorders and fatty acid oxidation
923 disorders, including, but not limited to, long-chain 3-hydroxyacyl CoA
924 dehydrogenase (L-CHAD) and medium-chain acyl-CoA
925 dehydrogenase (MCAD).

926 (b) In addition to the testing requirements prescribed in subsection


927 (a) of this section, the administrative officer or other person in charge
928 of each institution caring for newborn infants shall cause to have

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929 administered to every such infant in its care a screening test for cystic
930 fibrosis and a screening test for severe combined immunodeficiency
931 disease. Such screening [test] tests shall be administered as soon after
932 birth as is medically appropriate.

933 (c) The provisions of this section shall not apply to any infant whose
934 parents object to the test or treatment as being in conflict with their
935 religious tenets and practice. The commissioner shall adopt
936 regulations, in accordance with the provisions of chapter 54, to
937 implement the provisions of this section.

938 Sec. 39. Section 23 of public act 11-6 is repealed and the following is
939 substituted in lieu thereof (Effective July 1, 2011):

940 Notwithstanding subsection (b) of section 19a-55a of the general


941 statutes, for each of the fiscal years ending June 30, 2012, and June 30,
942 2013, [$900,000] $1,121,713 of the amount collected pursuant to section
943 19a-55 of the general statutes, as amended by this act, shall be credited
944 to the newborn screening account, and shall be available for
945 expenditure by the Department of Public Health for the purchase of
946 upgrades to newborn screening technology and for the expenses of the
947 testing required by sections 19a-55 and 19a-59 of the general statutes,
948 as amended by this act.

949 Sec. 40. Section 10-183l of the general statutes is repealed and the
950 following is substituted in lieu thereof (Effective from passage):

951 (a) (1) On and after July 1, 1991, the management of the system shall
952 continue to be vested in the Teachers' Retirement Board, [which shall
953 consist of twelve members including the Commissioner of Social
954 Services] whose members shall include the Treasurer, the Secretary of
955 the Office of Policy and Management and the Commissioner of
956 Education, or their designees, who shall be voting members of the
957 board, ex officio. (2) On or before June 15, 1985, and quadrennially
958 thereafter, the members of the system shall elect from their number, in
959 a manner prescribed by said board, two persons to serve as members

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960 of said board for terms of four years beginning July first following
961 such election. Both of such persons shall be active teachers who shall
962 be nominated by the members of the system who are not retired and
963 elected by all the members of the system. On or before July 1, 1991, and
964 quadrennially thereafter, the members of the system shall elect from
965 their number, in a manner prescribed by said board, three persons to
966 serve as members of said board for terms of four years beginning July
967 first following such election. Two of such persons shall be retired
968 teachers who shall be nominated by the retired members of the system
969 and elected by all the members of the system and one shall be an active
970 teacher who shall be nominated by the members of the system who are
971 not retired and elected by all the members of the system. (3) On or
972 before July 1, 2011, and quadrennially thereafter, the members of the
973 system shall elect from their number, in a manner prescribed by said
974 board, one person to serve as a member of said board for a term of four
975 years beginning July first following such election. Such person shall be
976 an active teacher who shall be nominated by the members of the
977 system who are not retired, elected by all the members of the system
978 and a member of an exclusive representative of a teachers' bargaining
979 unit that is not represented by the members of the board elected under
980 subdivision (2) of this subsection. (4) If a vacancy occurs in the
981 positions filled by the members of the system who are not retired, said
982 board shall elect a member of the system who is not retired to fill the
983 unexpired portion of the term. If a vacancy occurs in the positions
984 filled by the retired members of the system, said board shall elect a
985 retired member of the system to fill the unexpired portion of the term.
986 The Governor shall appoint five public members to said board in
987 accordance with the provisions of section 4-9a. The members of the
988 board shall serve without compensation, but shall be reimbursed for
989 any expenditures or loss of salary or wages which they incur through
990 service on the board. All decisions of the board shall require the
991 approval of six members of the board or a majority of the members
992 who are present, whichever is greater.

993 Sec. 41. (Effective July 1, 2011) The sum of $150,000 of the amount

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994 appropriated to the Department of Environmental Protection, for
995 Environmental Quality Fees Fund, in section 11 of public act 09-3 of
996 the June special session, as amended by section 58 of public act 09-6 of
997 the September special session, sections 3 and 20 of public act 09-7 of
998 the September special session, section 9 of public act 09-1 of the
999 December special session, section 1 of public act 10-3, section 1 of
1000 public act 10-179 and section 3 of public act 10-2 of the June special
1001 session, shall not lapse on June 30, 2011, and such funds shall be
1002 available for use by the Long Island Sound Assembly, in accordance
1003 with the provisions of section 25-155 of the general statutes, as follows:
1004 $75,000 during the fiscal year ending June 30, 2012, and $75,000 during
1005 the fiscal year ending June 30, 2013.

1006 Sec. 42. Section 50 of public act 11-6 is repealed and the following is
1007 substituted in lieu thereof (Effective from passage):

1008 (a) Notwithstanding the provisions of subsection (j) of section 45a-


1009 82 of the general statutes, on June 30, 2011, (1) the sum of $500,000
1010 shall be transferred from the surplus funds in the Probate Court
1011 Administration Fund to the Court Support Services Division of the
1012 Judicial Department for a male youth leadership pilot program to
1013 provide services in targeted communities to high-risk males with low
1014 academic achievement, (2) the sum of $1,000,000 shall be transferred
1015 from said surplus funds to the Kinship Fund and Grandparents and
1016 Relatives Respite Fund administered by the Children's Trust Fund
1017 Council and the Department of Social Services through the Probate
1018 Court, (3) the sum of [$35,000] $50,000 shall be transferred from said
1019 surplus funds to the Judicial Department, for Other Expenses, to
1020 support the expansion of the Children in Placement, Inc. program in
1021 Danbury, [and] (4) the sum of $800,000 shall be transferred from said
1022 surplus funds to the Children's Trust Fund administered by the
1023 Children's Trust Fund Council and the Department of Social Services,
1024 and (5) the sum of $50,000 shall be transferred from said surplus funds
1025 to the Judicial Department, for Other Expenses, for a grant to the Child
1026 Advocates of Connecticut to provide child advocacy services in

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1027 Stamford and Danbury.

1028 (b) Notwithstanding the provisions of subsection (j) of section 45a-


1029 82 of the general statutes, on June 30, 2012, (1) the sum of $1,000,000
1030 shall be transferred from the surplus funds in the Probate Court
1031 Administration Fund to the Kinship Fund and Grandparents and
1032 Relatives Respite Fund administered by the Children's Trust Fund
1033 Council and the Department of Social Services through the Probate
1034 Court, (2) the sum of [$35,000] $50,000 shall be transferred from said
1035 surplus funds to the Judicial Department, for Other Expenses, to
1036 support the expansion of the Children in Placement, Inc. program in
1037 Danbury, (3) the sum of $50,000 shall be transferred from said surplus
1038 funds to the Judicial Department, for Other Expenses, for a grant to the
1039 Child Advocates of Connecticut to provide child advocacy services in
1040 Stamford and Danbury, and [(3)] (4) any surplus funds remaining in
1041 the Probate Court Administration Fund after the transfers in
1042 subdivisions (1), [and] (2) and (3) of this subsection are made shall be
1043 transferred to the General Fund.

1044 Sec. 43. Subsection (b) of section 2-35 of the general statutes is
1045 repealed and the following is substituted in lieu thereof (Effective July
1046 1, 2011):

1047 (b) The state budget act passed by the legislature for funding the
1048 expenses of operations of the state government in the ensuing
1049 biennium shall contain a statement of estimated revenue, based upon
1050 the most recent consensus revenue estimate or the revised consensus
1051 revenue estimate issued pursuant to section 2-36c, itemized by major
1052 source, for each appropriated fund. The statement of estimated
1053 revenue applicable to each such fund shall include, for any fiscal year,
1054 an estimate of total revenue with respect to such fund, which amount
1055 shall be reduced by (1) an estimate of total refunds of taxes to be paid
1056 from such revenue in accordance with the authorization in section 12-
1057 39f, and (2) an estimate of total refunds of payments to be paid from
1058 such revenue in accordance with the provisions of section 4-37. Such

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1059 statement of estimated revenue, including the estimated refunds of
1060 taxes to be offset against such revenue, shall be supplied by the joint
1061 standing committee of the General Assembly having cognizance of
1062 matters relating to state finance, revenue and bonding. The total
1063 estimated revenue for each fund, as adjusted in accordance with this
1064 section, shall not be less than the total net appropriations made from
1065 each fund plus, for the fiscal year ending June 30, 2014, and each fiscal
1066 year thereafter, the amount necessary to extinguish any unreserved
1067 negative balance in each fund as reported in the most recently audited
1068 comprehensive annual financial report issued by the Comptroller prior
1069 to the start of the fiscal year. On or before July first of each fiscal year
1070 said committee shall, if any revisions in such estimates are required by
1071 virtue of legislative amendments to the revenue measures proposed by
1072 said committee, changes in conditions or receipt of new information
1073 since the original estimate was supplied, meet and revise such
1074 estimates and, through its cochairpersons, report to the Comptroller
1075 any such revisions.

1076 Sec. 44. Section 3-115 of the general statutes is repealed and the
1077 following is substituted in lieu thereof (Effective July 1, 2013):

1078 The Comptroller shall prepare all accounting statements relating to


1079 the financial condition of the state as a whole, the condition and
1080 operation of state funds, appropriations, reserves and costs of
1081 operations; shall furnish such statements when they are required for
1082 administrative purposes; and shall issue cumulative monthly financial
1083 statements concerning the state's General Fund which shall include a
1084 statement of revenues and expenditures to the end of the
1085 last-completed month together with the statement of estimated
1086 revenue by source to the end of the fiscal year and the statement of
1087 appropriation requirements of the state's General Fund to the end of
1088 the fiscal year furnished pursuant to section 4-66 and itemized as far as
1089 practicable for each budgeted agency, including estimates of lapsing
1090 appropriations, unallocated lapsing balances and unallocated
1091 appropriation requirements. The Comptroller shall provide such

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1092 statements, in the same form and in the same categories as appears in
1093 the budget act enacted by the General Assembly, on or before the first
1094 day of the following month. The Comptroller shall submit a copy of
1095 the monthly trial balance and monthly analysis of expenditure run to
1096 the Office of Fiscal Analysis. On or before September [first] thirtieth,
1097 annually, [he] the Comptroller shall submit a report, prepared in
1098 accordance with generally accepted accounting principles, to the
1099 Governor which shall include (1) a statement of all appropriations and
1100 expenditures of the public funds during the fiscal year next preceding
1101 itemized by each appropriation account of each budgeted agency; (2) a
1102 statement of the revenues of the state classified as far as practicable as
1103 to budgeted agencies, sources and funds during such year; (3) a
1104 statement setting forth the total tax receipts of the state during such
1105 year; (4) a balance sheet setting forth, as of the close of such year, the
1106 financial condition of the state as to its funds; and such other
1107 information as will, in [his] the Comptroller's opinion, be of interest to
1108 the public or as will convey to the General Assembly and the Governor
1109 the essential facts as to the financial condition and operations of the
1110 state government. The annual report of the Comptroller shall be
1111 published and made available to the public on or before the thirty-first
1112 day of December.

1113 Sec. 45. Section 3-115b of the general statutes is repealed and the
1114 following is substituted in lieu thereof (Effective July 1, 2011):

1115 (a) [Effective with the fiscal year commencing July 1, 2008]
1116 Commencing with the fiscal year ending June 30, 2014, the
1117 Comptroller, in the Comptroller's sole discretion, may initiate a
1118 process intended to result in the implementation of the use of
1119 generally accepted accounting principles, as prescribed by the
1120 Governmental Accounting Standards Board, with respect to the
1121 preparation and maintenance of the annual financial statements of the
1122 state pursuant to section 3-115. [by making incremental changes
1123 consistent with such generally accepted accounting principles.]

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1124 (b) [The] Commencing with the fiscal year ending June 30, 2014, the
1125 Secretary of the Office of Policy and Management [, in the secretary's
1126 sole discretion, may] shall initiate a process intended to result in the
1127 implementation of generally accepted accounting principles, as
1128 prescribed by the Governmental Accounting Standards Board, with
1129 respect to the preparation of the [annual] biennial budget of the state.

1130 (c) [To implement such accounting principles, the Comptroller and
1131 the Secretary of the Office of Policy and Management may
1132 concurrently prepare annual conversion plans for the respective
1133 implementations pursuant to subsection (a) of this section. The
1134 conversion plans shall be submitted to the joint standing committee of
1135 the General Assembly having cognizance of matters relating to
1136 appropriations and the budgets of state agencies not later than the date
1137 prescribed in section 4-71 for transmission of the budget document to
1138 the General Assembly.] The Comptroller shall establish an opening
1139 combined balance sheet for all appropriated funds as of July 1, 2013, on
1140 the basis of generally accepted accounting principles. The accrued and
1141 unpaid expenses and liabilities and other adjustments for the purposes
1142 of generally accepted accounting principles, as of June 30, 2013, shall
1143 be aggregated and set up as a deferred charge on the combined
1144 balance sheet. Such deferred charge shall be amortized in equal
1145 increments in each fiscal year of each biennial budget, commencing
1146 with the fiscal year ending June 30, 2014, and for the succeeding
1147 fourteen fiscal years.

1148 Sec. 46. (NEW) (Effective from passage) (a) Notwithstanding the
1149 provisions of sections 4-30a and 4-30b of the general statutes, after the
1150 accounts for the fiscal years ending June 30, 2012, and June 30, 2013,
1151 are closed, if the Comptroller determines that an unappropriated
1152 surplus exists in the General Fund, the Comptroller shall reserve an
1153 amount, not to exceed seventy-five million dollars for the fiscal year
1154 ending June 30, 2012, and fifty million dollars for the fiscal year ending
1155 June 30, 2013, to be applied to any net increase in unreserved negative
1156 General Fund balance beyond the amount reported by the Comptroller

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1157 as of June 30, 2011, before any other reserve required by any provision
1158 of the general statutes is determined.

1159 (b) Notwithstanding the provisions of sections 4-30a and 4-30b of


1160 the general statutes, after the accounts for the fiscal year ending June
1161 30, 2014, and each fiscal year thereafter are closed, if the Comptroller
1162 determines that an unappropriated surplus exists in the General Fund,
1163 the Comptroller shall reserve an amount equal to the increment of the
1164 deferred charge, determined under section 3-115b of the general
1165 statutes, as amended by this act, for such fiscal year, before any other
1166 reserve required by any provision of the general statutes is
1167 determined.

1168 Sec. 47. Section 4-69 of the general statutes is repealed and the
1169 following is substituted in lieu thereof (Effective July 1, 2011):

1170 Wherever used in this chapter, unless the context otherwise


1171 requires:

1172 (1) "Accrual basis" means the basis upon which, in transactions
1173 thereon, revenues are accounted for when earned or due, even though
1174 not collected, and expenditures are accounted for as soon as liabilities
1175 are incurred, whether paid or not;

1176 (2) "Agency fund" means a fund consisting of resources received or


1177 held by the state as an agent for certain individuals or governmental
1178 units;

1179 (3) "Allotment" means a portion of an appropriation or special fund


1180 set aside to cover expenditures and encumbrances for a certain period
1181 or purpose;

1182 (4) "Appropriation" means an authorization by the General


1183 Assembly to make expenditures and incur liabilities for specific
1184 purposes;

1185 (5) "Assets" means the entire property of all kinds of the state,

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1186 including both current assets and fixed assets;

1187 (6) "Audit" means, in the absence of any expression defining the
1188 extent to which it has been limited, an examination of the subject
1189 matter of the accounting in all its financial aspects, including, so far as
1190 the several classifications of accounts may be involved, the verification
1191 of assets, liabilities, receipts, disbursements, revenues, expenditures,
1192 reserves and surplus in such detail as may be necessary to permit
1193 certification of the statements rendered and of the accountability of the
1194 fiduciary parties;

1195 (7) "Auditors' certificate" means a statement signed by the auditors


1196 stating that they have examined the accounting records and expressing
1197 their opinion, based on such examination, regarding the financial
1198 condition of the state or any of its enterprises, the results from
1199 operations and any facts which the auditors in their professional
1200 capacity have investigated;

1201 (8) "Balance sheet" means a statement showing the financial


1202 condition of a fund or government at a specified date;

1203 (9) "Budget" means an estimate of proposed expenditures for a


1204 given period or purpose and the means of financing them, determined
1205 for the fiscal year ending June 30, 2014, and each fiscal year thereafter
1206 on the basis of generally accepted accounting principles, as
1207 administered by the Governmental Accounting Standards Board, as
1208 expressed in appropriation and revenue acts;

1209 (10) "Budget document" means the instrument used by the


1210 Governor to present a comprehensive financial program to the General
1211 Assembly;

1212 (11) "Budgeted agency" means (A) every department, board,


1213 council, commission, institution or other agency of the Executive
1214 Department of the state government, provided each board, council,
1215 commission, institution or other agency included by law within any

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Bill No. 6651
1216 given department shall be deemed a division of that department; (B)
1217 every court, council, division and other agency of the judicial branch of
1218 the state government financed in whole or in part by the state,
1219 including those agencies, officers, employees and services for which, or
1220 for the payment of whose salaries, appropriations are made to be
1221 expended on the direction, taxation or approval of any state court or
1222 judge thereof; and all of said courts, councils, divisions, agencies,
1223 officers, employees and services shall be one or more budgeted agency
1224 or agencies as the Secretary of the Office of Policy and Management
1225 may prescribe; (C) every full-time permanent department or agency of
1226 the legislative branch of the state government; and (D) every public
1227 and private institution, organization, association or other agency
1228 receiving financial aid from the state;

1229 (12) "Capital budget" means that portion of the budget which deals
1230 with the estimates of proposed expenditures for land, nonstructural
1231 improvements to land, structural replacements and major
1232 improvements and the means of financing them;

1233 (13) "Capital outlay" means expenditures which result in the


1234 acquisition of additions to fixed assets;

1235 (14) "Cash basis" means the basis upon which, in transactions
1236 thereon, revenues are accounted for when received in cash and
1237 expenditures are accounted for when paid;

1238 (15) "Current assets" means those assets owned by the state which
1239 are available to meet the cost of operations or to pay current liabilities
1240 of the state;

1241 (16) "Current liabilities" means liabilities which are payable


1242 immediately or in the near future out of current resources, as
1243 distinguished from long-term liabilities to be met out of future
1244 resources;

1245 (17) "Deficit" means the excess of the liabilities and reserves of a

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Bill No. 6651
1246 fund over its assets, or the excess of the obligations, reserves and
1247 unencumbered appropriations of a fund over its resources;

1248 (18) "Disbursements" means payments in cash regardless of the


1249 purpose;

1250 (19) "Encumbrances" means obligations in the form of purchase


1251 orders or contracts which are to be met from an appropriation and for
1252 which a part of the appropriation is reserved;

1253 (20) "Expenditures" means amounts paid or liabilities incurred for


1254 all purposes, including expenses, provisions for retirement of debt and
1255 capital outlay;

1256 (21) "Expenses" means expenditures for operation, maintenance,


1257 interest and other current expenditures for which no permanent or
1258 subsequently convertible value is received;

1259 (22) "Fiscal period" means any period at the end of which the state
1260 closes its books in order to determine its financial condition and the
1261 results of its operations;

1262 (23) "Fixed assets" means assets of a permanent character having a


1263 continuing value, such as land, buildings, machinery and furniture
1264 and other equipment;

1265 (24) "General Fund" means the fund that is unrestricted as to use
1266 and available for general purposes;

1267 (25) "Liabilities" means debts or other legal obligations arising out of
1268 transactions in the past which are to be liquidated or renewed or
1269 refunded upon some future date;

1270 (26) "Modified accrual" means a basis of accounting where revenues


1271 are recognized when earned only so long as they are collectible within
1272 the period or soon enough afterward to be used to pay liabilities of
1273 that period and expenditures are recognized in the period in which

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1274 they were incurred and would normally be liquidated;

1275 [(26)] (27) "Overdraft" means (A) the amount by which checks,
1276 drafts or other demands for payment on the Treasury or on a bank
1277 exceed the amount of the credit against which they are drawn or (B)
1278 the amount by which requisitions or audited vouchers exceed the
1279 appropriations or other credit to which they are chargeable;

1280 [(27)] (28) "Petty cash" means a sum of money, either in the form of
1281 currency or a special bank deposit, set aside for the purpose of making
1282 change or immediate payments of comparatively small amounts for
1283 which it is subsequently reimbursed from the cash of a fund;

1284 [(28)] (29) "Receipts" means sums actually received in cash from all
1285 sources unless otherwise described;

1286 [(29)] (30) "Refund" means an amount paid back or credit allowed
1287 on account of an overcollection;

1288 [(30)] (31) "Reimbursements" means cash or other assets received as


1289 a repayment of the cost of work or services performed, or of other
1290 expenditures made for or on behalf of another governmental unit, fund
1291 or department;

1292 [(31)] (32) "Revenue" means additions to cash or other current assets
1293 which neither increase any liability or reserve nor represent the
1294 recovery of an expenditure;

1295 [(32)] (33) "Special fund" means any fund which is to be used only in
1296 accordance with specific regulations or restrictions, including any fund
1297 created by a law authorizing and requiring the receipts of specific taxes
1298 or other revenues to be used to finance particular activities;

1299 [(33)] (34) "Trust fund" means any fund consisting of resources
1300 received and held by the state as trustee to be expended or invested in
1301 accordance with the conditions of the trust;

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1302 [(34)] (35) "Unencumbered balance" means that portion of an
1303 appropriation or allotment not expended or encumbered;

1304 [(35)] (36) "Unexpended balance" means that portion of an


1305 appropriation or allotment which has not been expended;

1306 [(36)] (37) "Unliquidated encumbrances" means encumbrances


1307 which have not yet been paid or approved for payment;

1308 [(37)] (38) "Voucher" means a document certifying a certain


1309 transaction, especially a written form attesting the propriety of the
1310 payment of money;

1311 [(38)] (39) "Warrant" means a draft upon the treasurer for the
1312 payment of money.

1313 Sec. 48. Section 4-72 of the general statutes is repealed and the
1314 following is substituted in lieu thereof (Effective July 1, 2011):

1315 [Part I of the] The budget document shall consist of the Governor's
1316 budget message in which he or she shall set forth as follows: (1) [His]
1317 The Governor's program for meeting all the expenditure needs of the
1318 government for each fiscal year of the biennium to which the budget
1319 relates, indicating the classes of funds, general or special, from which
1320 such appropriations are to be made and the means through which such
1321 expenditure shall be financed; and (2) financial statements giving in
1322 summary form: (A) The financial position of all major state operating
1323 funds including revolving funds at the end of the last-completed fiscal
1324 year in a form consistent with accepted accounting practice. [He] The
1325 Governor shall also set forth in similar form the estimated position of
1326 each such fund at the end of the year in progress and the estimated
1327 position of each such fund at the end of each fiscal year of the
1328 biennium to which the budget relates if [his] the Governor's proposals
1329 are put into effect; (B) a statement showing as of the close of the last-
1330 completed fiscal year, a year by year summary of all outstanding
1331 general obligation and special tax obligation debt of the state and a

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Bill No. 6651
1332 statement showing the yearly interest requirements on such
1333 outstanding debt; (C) a summary of appropriations recommended for
1334 each fiscal year of the biennium to which the budget relates for each
1335 budgeted agency and for the state as a whole in comparison with
1336 actual expenditures of the last-completed fiscal year and
1337 appropriations and estimated expenditures for the year in progress;
1338 (D) for the biennium commencing July 1, 1999, and each biennium
1339 thereafter, a summary of estimated expenditures for certain fringe
1340 benefits for each fiscal year of the biennium to which the budget
1341 relates for each budgeted agency; (E) a summary of permanent full-
1342 time positions setting forth the number filled and the number vacant
1343 as of the end of the last-completed fiscal year, the total number
1344 intended to be funded by appropriations without reduction for
1345 turnover for the fiscal year in progress, the total number requested and
1346 the total number recommended for each fiscal year of the biennium to
1347 which the budget relates; (F) a statement of expenditures for the last-
1348 completed and current fiscal years, the agency request and the
1349 Governor's recommendation for each fiscal year of the ensuing
1350 biennium and, for any new or expanded program, estimated
1351 expenditure requirements for the fiscal year next succeeding the
1352 biennium to which the budget relates; (G) an explanation of any
1353 significant program changes requested by the agency or recommended
1354 by the Governor; (H) a summary of the revenue estimated to be
1355 received by the state during each fiscal year of the biennium to which
1356 the budget relates classified according to sources in comparison with
1357 the actual revenue received by the state during the last-completed
1358 fiscal year and estimated revenue during the year in progress; and
1359 [(G)] (I) such other financial statements, data and comments as in [his]
1360 the Governor's opinion are necessary or desirable in order to make
1361 known in all practicable detail the financial condition and operations
1362 of the government and the effect that the budget as proposed by [him]
1363 the Governor will have on such condition and operations. If the
1364 estimated revenue of the state for the ensuing biennium as set forth in
1365 the budget on the basis of existing statutes [, plus the estimated

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1366 unappropriated surplus at the close of the year in progress available
1367 for expenditure in the ensuing biennium,] is less than the [aggregate]
1368 sum of net appropriations recommended for the ensuing biennium as
1369 contained in the budget, plus, for the fiscal year ending June 30, 2014,
1370 and each fiscal year thereafter, the projected amount necessary to
1371 extinguish any unreserved negative balance in such fund as reported
1372 in the most recently audited comprehensive annual financial report
1373 issued by the Comptroller prior to the start of the biennium, the
1374 Governor shall make recommendations to the General Assembly in
1375 respect to the manner in which such deficit shall be met, whether by an
1376 increase in the indebtedness of the state, by the imposition of new
1377 taxes, by increased rates on existing taxes or otherwise. If the aggregate
1378 of such estimated revenue [plus such estimated unappropriated
1379 surplus] is greater than the sum of such recommended appropriations
1380 for the ensuing biennium [, he] plus, for the fiscal year ending June 30,
1381 2014, and each fiscal year thereafter, the projected amount necessary to
1382 extinguish any unreserved negative balance in such fund as reported
1383 in the most recently audited comprehensive annual financial report
1384 issued by the Comptroller prior to the start of the biennium, the
1385 Governor shall make such recommendations for the use of such
1386 surplus for the reduction of indebtedness, for the reduction in taxation
1387 or for other purposes as in [his] the Governor's opinion are in the best
1388 interest of the public welfare.

1389 Sec. 49. Subsection (a) of section 4-89 of the general statutes is
1390 repealed and the following is substituted in lieu thereof (Effective July
1391 1, 2011):

1392 (a) No officer, department, board, commission, institution or other


1393 agency of the state shall, after the close of any fiscal year, incur, or vote
1394 or order or approve the incurring of, any obligation or expenditure
1395 under any appropriation made by the General Assembly for any fiscal
1396 year that had expired at the time the obligation for such expenditure
1397 was incurred. The Comptroller is authorized to draw warrants or
1398 process interdepartmental transactions against the available

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1399 appropriations made for the current fiscal year for the payment of
1400 expenditures incurred during the prior fiscal year for which
1401 appropriations were made or in fulfillment of contracts properly made
1402 during such prior year, and the Treasurer is authorized to pay such
1403 warrants or record such interdepartmental transactions. The balances
1404 of certain appropriations which otherwise would lapse at the close of
1405 any fiscal year and for which no appropriation is made in the
1406 following year shall be extended into the succeeding fiscal year [for the
1407 period of one month] to permit liquidation of obligations of the prior
1408 fiscal year.

1409 Sec. 50. Section 4-124q of the general statutes is repealed and the
1410 following is substituted in lieu thereof (Effective July 1, 2011):

1411 (a) There shall annually be paid to each regional planning agency
1412 organized under the provisions of chapter 127, each regional council of
1413 governments organized under the provisions of this chapter, and each
1414 regional council of elected officials organized under the provisions of
1415 this chapter in any planning region without a regional planning
1416 agency, from any appropriation for such purpose, a grant-in-aid equal
1417 to (1) five and three-tenths per cent of any such appropriation plus (2)
1418 for each agency or council which raises local dues in excess of five and
1419 three-tenths per cent of any such appropriation, an additional grant in
1420 an amount equal to the product obtained by multiplying any
1421 appropriation available for the purpose of this subdivision by the
1422 following fraction: The amount of dues raised by such agency or
1423 council pursuant to section 8-34a, section 4-124f or section 4-124p in
1424 excess of five and three-tenths of any such appropriation shall be the
1425 numerator. The amount of such dues raised by each such agency or
1426 council in excess of five and three-tenths per cent of any such
1427 appropriation shall be added together and the sum shall be the
1428 denominator.

1429 (b) There is established a "Voluntary Regional Consolidation Bonus


1430 Pool" to be administered by the Secretary of the Office of Policy and

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1431 Management. In addition to the annual payment to each regional
1432 planning agency under subsection (a) of this section, there shall be an
1433 additional payment made from said bonus pool to any two or more
1434 regional planning agencies, regional councils of governments or
1435 regional council of elected officials in any planning region without a
1436 regional planning agency, or any such combination thereof, that have
1437 (1) voted to merge forming a new regional council of governments or
1438 regional council of elected officials within a proposed or newly
1439 redesignated planning region boundary, and (2) submitted to said
1440 secretary a request for redesignation pursuant to subdivision (4) of
1441 section 16a-4a. Prior to issuing any payment pursuant to this
1442 subsection, the secretary shall review and approve each proposed
1443 consolidation to determine that such proposed consolidation is an
1444 appropriate and sustainable redesignated planning region. For the
1445 fiscal years ending June 30, 2012, and June 30, 2013, a payment shall be
1446 made under subsection (a) of this section to such approved
1447 consolidated planning region, on a first-come, first-served basis, from
1448 any appropriation available for such purpose and until such time as
1449 the appropriation for the fiscal year has been exhausted.

1450 Sec. 51. Subsection (g) of section 14-227a of the general statutes is
1451 repealed and the following is substituted in lieu thereof (Effective
1452 January 1, 2012):

1453 (g) Any person who violates any provision of subsection (a) of this
1454 section shall: (1) For conviction of a first violation, (A) be fined not less
1455 than five hundred dollars or more than one thousand dollars, and (B)
1456 be (i) imprisoned not more than six months, forty-eight consecutive
1457 hours of which may not be suspended or reduced in any manner, or
1458 (ii) imprisoned not more than six months, with the execution of such
1459 sentence of imprisonment suspended entirely and a period of
1460 probation imposed requiring as a condition of such probation that
1461 such person perform one hundred hours of community service, as
1462 defined in section 14-227e, and (C) have such person's motor vehicle
1463 operator's license or nonresident operating privilege suspended for

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1464 [one year] forty-five days and, as a condition for the restoration of such
1465 license, be required to install an ignition interlock device on each
1466 motor vehicle owned or operated by such person and, upon such
1467 restoration, be prohibited for the one-year period following such
1468 restoration from operating a motor vehicle unless such motor vehicle is
1469 equipped with a functioning, approved ignition interlock device, as
1470 defined in section 14-227j; (2) for conviction of a second violation
1471 within ten years after a prior conviction for the same offense, (A) be
1472 fined not less than one thousand dollars or more than four thousand
1473 dollars, (B) be imprisoned not more than two years, one hundred
1474 twenty consecutive days of which may not be suspended or reduced in
1475 any manner, and sentenced to a period of probation requiring as a
1476 condition of such probation that such person perform one hundred
1477 hours of community service, as defined in section 14-227e, and (C) (i) if
1478 such person is under twenty-one years of age at the time of the offense,
1479 have such person's motor vehicle operator's license or nonresident
1480 operating privilege suspended for [three years] forty-five days or until
1481 the date of such person's twenty-first birthday, whichever is longer,
1482 and, as a condition for the restoration of such license, be required to
1483 install an ignition interlock device on each motor vehicle owned or
1484 operated by such person and, upon such restoration, be prohibited for
1485 the [two-year] three-year period following [completion of such period
1486 of suspension] such restoration from operating a motor vehicle unless
1487 such motor vehicle is equipped with a functioning, approved ignition
1488 interlock device, as defined in section 14-227j, or (ii) if such person is
1489 twenty-one years of age or older at the time of the offense, have such
1490 person's motor vehicle operator's license or nonresident operating
1491 privilege suspended for [one year] forty-five days and, as a condition
1492 for the restoration of such license, be required to install an ignition
1493 interlock device on each motor vehicle owned or operated by such
1494 person and, upon such restoration, be prohibited for the [two-year]
1495 three-year period following [completion of such period of suspension]
1496 such restoration from operating a motor vehicle unless such motor
1497 vehicle is equipped with a functioning, approved ignition interlock

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1498 device, as defined in section 14-227j; and (3) for conviction of a third
1499 and subsequent violation within ten years after a prior conviction for
1500 the same offense, (A) be fined not less than two thousand dollars or
1501 more than eight thousand dollars, (B) be imprisoned not more than
1502 three years, one year of which may not be suspended or reduced in
1503 any manner, and sentenced to a period of probation requiring as a
1504 condition of such probation that such person perform one hundred
1505 hours of community service, as defined in section 14-227e, and (C)
1506 have such person's motor vehicle operator's license or nonresident
1507 operating privilege permanently revoked upon such third offense For
1508 purposes of the imposition of penalties for a second or third and
1509 subsequent offense pursuant to this subsection, a conviction under the
1510 provisions of subsection (a) of this section in effect on October 1, 1981,
1511 or as amended thereafter, a conviction under the provisions of either
1512 subdivision (1) or (2) of subsection (a) of this section, a conviction
1513 under the provisions of section 53a-56b or 53a-60d or a conviction in
1514 any other state of any offense the essential elements of which are
1515 determined by the court to be substantially the same as subdivision (1)
1516 or (2) of subsection (a) of this section or section 53a-56b or 53a-60d,
1517 shall constitute a prior conviction for the same offense.

1518 Sec. 52. Subsection (i) of section 14-227a of the general statutes is
1519 repealed and the following is substituted in lieu thereof (Effective
1520 January 1, 2012):

1521 (i) (1) The Commissioner of Motor Vehicles shall permit a person
1522 whose license has been suspended in accordance with the provisions
1523 of subparagraph (C) of subdivision (1) or subparagraph (C)(i) or (C)(ii)
1524 of subdivision (2) of subsection (g) of this section to operate a motor
1525 vehicle if (A) such person has served the suspension required under
1526 said subparagraph, [(C)(i) or (C)(ii),] notwithstanding that such person
1527 has not completed serving any suspension required under subsection
1528 (i) of section 14-227b, and (B) such person has installed an approved
1529 ignition interlock device in each motor vehicle owned or to be
1530 operated by such person. Except as provided in sections 53a-56b and

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1531 53a-60d, no person whose license is suspended by the commissioner
1532 for any other reason shall be eligible to operate a motor vehicle
1533 equipped with an approved ignition interlock device. (2) All costs of
1534 installing and maintaining an ignition interlock device shall be borne
1535 by the person required to install such device. No court sentencing a
1536 person convicted of a violation of subsection (a) of this section may
1537 waive any fees or costs associated with the installation and
1538 maintenance of an ignition interlock device. (3) The commissioner shall
1539 adopt regulations, in accordance with the provisions of chapter 54, to
1540 implement the provisions of this subsection. The regulations shall
1541 establish procedures for the approval of ignition interlock devices, for
1542 the proper calibration and maintenance of such devices and for the
1543 installation of such devices by any firm approved and authorized by
1544 the commissioner and shall specify acts by persons required to install
1545 and use such devices that constitute a failure to comply with the
1546 requirements for the installation and use of such devices, the
1547 conditions under which such noncompliance will result in an
1548 extension of the period during which such persons are restricted to the
1549 operation of motor vehicles equipped with such devices and the
1550 duration of any such extension. The commissioner shall ensure that
1551 such firm provide notice to both the commissioner and the Court
1552 Support Services Division of the Judicial Branch whenever a person
1553 required to install such device commits a violation with respect to the
1554 installation, maintenance or use of such device. (4) The provisions of
1555 this subsection shall not be construed to authorize the continued
1556 operation of a motor vehicle equipped with an ignition interlock
1557 device by any person whose operator's license or nonresident
1558 operating privilege is withdrawn, suspended or revoked for any other
1559 reason. (5) The provisions of this subsection shall apply to any person
1560 whose license has been suspended in accordance with the provisions
1561 of subparagraph (C) of subdivision (1) or subparagraph (C)(i) or (C)(ii)
1562 of subdivision (2) of subsection (g) of this section on or after
1563 [September 1, 2003] the effective date of this section. (6) Whenever a
1564 person is permitted by the commissioner under this subsection to

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1565 operate a motor vehicle if such person has installed an approved
1566 ignition interlock device in each motor vehicle owned or to be
1567 operated by such person, the commissioner shall indicate in the
1568 electronic record maintained by the commissioner pertaining to such
1569 person's operator's license or driving history that such person is
1570 restricted to operating a motor vehicle that is equipped with an
1571 ignition interlock device and the duration of such restriction, and shall
1572 ensure that such electronic record is accessible by law enforcement
1573 officers. Any such person shall pay the commissioner a fee of one
1574 hundred dollars prior to the installation of such device. Nothing in this
1575 subsection shall be construed to require the commissioner to verify
1576 that each motor vehicle owned by such person has been equipped with
1577 such device. (7) There is established the ignition interlock
1578 administration account which shall be a separate, nonlapsing account
1579 in the General Fund. The commissioner shall deposit all fees paid
1580 pursuant to subdivision (6) of this subsection in the account. Funds in
1581 the account may be used by the commissioner for the administration of
1582 this subsection. (8) Notwithstanding any provision of the general
1583 statutes to the contrary, upon request of any person convicted of a
1584 violation of subsection (a) of this section whose operator's license is
1585 under suspension on the effective date of this section, the
1586 Commissioner of Motor Vehicles may reduce the term of suspension
1587 prescribed in subsection (g) of this section and place a restriction on
1588 the operator's license of such person that restricts the holder of such
1589 license to the operation of a motor vehicle that is equipped with an
1590 approved ignition interlock device, as defined in section 14-227j, for
1591 the remainder of such prescribed period of suspension. (9) Any person
1592 required to install an ignition interlock device under this section shall
1593 be supervised by personnel of the Court Support Services Division of
1594 the Judicial Branch while such person is subject to probation
1595 supervision or by personnel of the Department of Motor Vehicles if
1596 such person is not subject to probation supervision, and such person
1597 shall be subject to any other terms and conditions as the commissioner
1598 may prescribe and any provision of the general statutes or the

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1599 regulations adopted pursuant to subdivision (3) of this subsection not
1600 inconsistent herewith. (10) Notwithstanding the periods prescribed in
1601 subsection (g) of this section and subdivision (2) of subsection (k) of
1602 section 14-111, as amended by this act, during which a person is
1603 prohibited from operating a motor vehicle unless such motor vehicle is
1604 equipped with a functioning, approved ignition interlock device, such
1605 periods may be extended in accordance with the regulations adopted
1606 pursuant to subdivision (3) of this subsection.

1607 Sec. 53. Subsection (g) of section 14-36 of the general statutes is
1608 repealed and the following is substituted in lieu thereof (Effective
1609 January 1, 2012):

1610 (g) The commissioner may place a restriction on the motor vehicle
1611 operator's license of any person or on any special operator's permit
1612 issued to any person in accordance with the provisions of section 14-
1613 37a that restricts the holder of such license or permit to the operation
1614 of a motor vehicle that is equipped with an approved ignition interlock
1615 device, as defined in section 14-227j, for such time as the commissioner
1616 shall prescribe, if such person has been: (1) Convicted for a first or
1617 second time of a violation of subdivision (2) of subsection (a) of section
1618 14-227a, and has served not less than [one year] forty-five days of the
1619 prescribed period of suspension for such conviction, in accordance
1620 with the provisions of subsections (g) and (i) of section 14-227a, as
1621 amended by this act; (2) ordered by the Superior Court not to operate
1622 any motor vehicle unless it is equipped with an approved ignition
1623 interlock device, in accordance with the provisions of section 14-227j;
1624 (3) granted a reversal or reduction of such person's license suspension
1625 or revocation, in accordance with the provisions of subsection (k) of
1626 section 14-111, as amended by this act; (4) issued a motor vehicle
1627 operator's license upon the surrender of an operator's license issued by
1628 another state and such previously held license contains a restriction to
1629 the operation of a motor vehicle equipped with an ignition interlock
1630 device; (5) convicted of a violation of section 53a-56b or 53a-60d; or (6)
1631 permitted by the commissioner to be issued or to retain an operator's

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1632 license subject to reporting requirements concerning such person's
1633 physical condition, in accordance with the provisions of subsection (e)
1634 of this section and sections 14-45a to 14-46g, inclusive.

1635 Sec. 54. Subsection (k) of section 14-111 of the general statutes is
1636 repealed and the following is substituted in lieu thereof (Effective
1637 January 1, 2012):

1638 (k) (1) Whenever any person has been convicted of any violation of
1639 section 14-110, 14-147, 14-215, 14-222 or 14-224 and such person's
1640 license has been suspended by the commissioner or, if such person has
1641 had his or her license suspended in accordance with the provisions of
1642 section 14-111c or 14-111n, such person may make application to the
1643 commissioner for the reversal or reduction of the term of such
1644 suspension. Such application shall be in writing and shall state
1645 specifically the reasons why such applicant believes that the applicant
1646 is entitled to such reversal or reduction. The commissioner shall
1647 consider each such application and the applicant's driver control
1648 record, as defined in section 14-111h, and may grant a hearing to the
1649 applicant in accordance with the provisions of chapter 54 and section
1650 14-4a.

1651 (2) Any person whose license has been revoked in accordance with
1652 subparagraph (C) of subdivision (3) of subsection (g) of section 14-
1653 227a, as amended by this act, may, at any time after six years from the
1654 date of such revocation, request a hearing before the commissioner,
1655 conducted in accordance with the provisions of chapter 54, and the
1656 provisions of subdivision (1) of this subsection for reversal or
1657 reduction of such revocation. The commissioner shall require such
1658 person to provide evidence that any reversal or reduction of such
1659 revocation shall not endanger the public safety or welfare. Such
1660 evidence shall include, but not be limited to, proof that such person
1661 has successfully completed an alcohol education and treatment
1662 program, and proof that such person has not been convicted of any
1663 offense related to alcohol, controlled substances or drugs during the

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1664 preceding six years. The commissioner shall require any person, as a
1665 condition of granting such reversal or reduction, to install and
1666 maintain an approved ignition interlock device, in accordance with the
1667 provisions of subsection (i) of section 14-227a, as amended by this act.
1668 The approved ignition interlock device shall be installed and
1669 maintained [from] for a period of ten years after the date of the
1670 granting of such reversal or reduction. [is granted until ten years has
1671 passed since the date of such revocation.] The commissioner may
1672 adopt regulations, in accordance with the provisions of chapter 54, to
1673 establish standards to implement the provisions of this section.

1674 Sec. 55. Section 14-227k of the general statutes is repealed and the
1675 following is substituted in lieu thereof (Effective January 1, 2012):

1676 (a) No person whose right to operate a motor vehicle has been
1677 restricted pursuant to an order of the court under subsection (b) of
1678 section 14-227j or by the Commissioner of Motor Vehicles pursuant to
1679 subsection (i) of section 14-227a, as amended by this act, shall (1)
1680 request or solicit another person to blow into an ignition interlock
1681 device or to start a motor vehicle equipped with an ignition interlock
1682 device for the purpose of providing such person with an operable
1683 motor vehicle, or (2) operate any motor vehicle not equipped with a
1684 functioning ignition interlock device or any motor vehicle that a court
1685 has ordered such person not to operate.

1686 (b) No person shall tamper with, alter or bypass the operation of an
1687 ignition interlock device for the purpose of providing an operable
1688 motor vehicle to a person whose right to operate a motor vehicle has
1689 been restricted pursuant to an order of the court under subsection (b)
1690 of section 14-227j or by the Commissioner of Motor Vehicles pursuant
1691 to subsection (i) of section 14-227a, as amended by this act.

1692 (c) (1) Any person who violates any provision of subdivision (1) of
1693 subsection (a) or subsection (b) of this section shall be guilty of a class
1694 C misdemeanor.

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1695 (2) Any person who violates any provision of subdivision (2) of
1696 subsection (a) of this section shall be subject to the penalties set forth in
1697 subsection (c) of section 14-215, as amended by this act.

1698 (d) Each court shall report each conviction under subsection (a) or
1699 (b) of this section to the Commissioner of Motor Vehicles, in
1700 accordance with the provisions of section 14-141. The commissioner
1701 shall suspend the motor vehicle operator's license or nonresident
1702 operating privilege of the person reported as convicted for a period of
1703 one year.

1704 Sec. 56. Subsection (c) of section 14-215 of the general statutes is
1705 repealed and the following is substituted in lieu thereof (Effective
1706 January 1, 2012):

1707 (c) (1) Any person who operates any motor vehicle during the
1708 period such person's operator's license or right to operate a motor
1709 vehicle in this state is under suspension or revocation on account of a
1710 violation of subsection (a) of section 14-227a or section 53a-56b or 53a-
1711 60d or pursuant to section 14-227b, or in violation of a restriction
1712 placed on such person's operator's license or right to operate a motor
1713 vehicle in this state by the Commissioner of Motor Vehicles pursuant
1714 to subsection (i) of section 14-227a, as amended by this act, or pursuant
1715 to an order of the court under subsection (b) of section 14-227j, shall be
1716 fined not less than five hundred dollars or more than one thousand
1717 dollars and imprisoned not more than one year, and, in the absence of
1718 any mitigating circumstances as determined by the court, thirty
1719 consecutive days of the sentence imposed may not be suspended or
1720 reduced in any manner.

1721 (2) Any person who operates any motor vehicle during the period
1722 such person's operator's license or right to operate a motor vehicle in
1723 this state is under suspension or revocation on account of a second
1724 violation of subsection (a) of section 14-227a or section 53a-56b or 53a-
1725 60d or for the second time pursuant to section 14-227b, or in violation
1726 of a restriction placed for the second time on such person's operator's

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1727 license or right to operate a motor vehicle in this state by the
1728 Commissioner of Motor Vehicles pursuant to subsection (i) of section
1729 14-227a, as amended by this act, or pursuant to an order of the court
1730 under subsection (b) of section 14-227j, shall be fined not less than five
1731 hundred dollars or more than one thousand dollars and imprisoned
1732 not more than two years, and, in the absence of any mitigating
1733 circumstances as determined by the court, one hundred twenty
1734 consecutive days of the sentence imposed may not be suspended or
1735 reduced in any manner.

1736 (3) Any person who operates any motor vehicle during the period
1737 such person's operator's license or right to operate a motor vehicle in
1738 this state is under suspension or revocation on account of a third or
1739 subsequent violation of subsection (a) of section 14-227a or section 53a-
1740 56b or 53a-60d or for the third or subsequent time pursuant to section
1741 14-227b, or in violation of a restriction placed for the third or
1742 subsequent time on such person's operator's license or right to operate
1743 a motor vehicle in this state by the Commissioner of Motor Vehicles
1744 pursuant to subsection (i) of section 14-227a, as amended by this act, or
1745 pursuant to an order of the court under subsection (b) of section 14-
1746 227j, shall be fined not less than five hundred dollars or more than one
1747 thousand dollars and imprisoned not more than three years, and, in
1748 the absence of any mitigating circumstances as determined by the
1749 court, one year of the sentence imposed may not be suspended or
1750 reduced in any manner.

1751 (4) The court shall specifically state in writing for the record the
1752 mitigating circumstances, or the absence thereof.

1753 Sec. 57. (Effective from passage) Not later than February 1, 2012, the
1754 Department of Motor Vehicles and the Court Support Services
1755 Division of the Judicial Branch shall jointly develop and submit to the
1756 joint standing committees of the General Assembly having cognizance
1757 of matters relating to the judiciary and transportation, in accordance
1758 with section 11-4a of the general statutes, an implementation plan for

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1759 requiring the installation and use of ignition interlock devices
1760 beginning January 1, 2014, for all persons who commit a violation of
1761 section 14-227a of the general statutes.

1762 Sec. 58. (NEW) (Effective July 1, 2011) (a) There is established the
1763 Office of Governmental Accountability. The executive administrator of
1764 the office shall serve as the administrative head of the office, who shall
1765 be appointed in accordance with the provisions of section 59 of this act.

1766 (b) The Office of Governmental Accountability shall provide


1767 personnel, payroll, affirmative action and administrative and business
1768 office functions and information technology associated with such
1769 functions for the following: The Office of State Ethics established under
1770 section 1-80 of the general statutes, as amended by this act, State
1771 Elections Enforcement Commission established under section 9-7a of
1772 the general statutes, as amended by this act, Freedom of Information
1773 Commission established under section 1-205 of the general statutes, as
1774 amended by this act, Judicial Review Council established under
1775 section 51-51k of the general statutes, as amended by this act, Judicial
1776 Selection Commission established under section 51-44a of the general
1777 statutes, as amended by this act, Board of Firearms Permit Examiners
1778 established under section 29-32b of the general statutes, as amended by
1779 this act, Office of the Child Advocate established under section 46a-13k
1780 of the general statutes, as amended by this act, Office of the Victim
1781 Advocate established under section 46a-13b of the general statutes, as
1782 amended by this act, and State Contracting Standards Board
1783 established under section 4e-2 of the general statutes, as amended by
1784 this act. The personnel, payroll, affirmative action and administrative
1785 and business office functions of said offices, commissions, council and
1786 boards shall be merged and consolidated within the Office of
1787 Governmental Accountability pursuant to the plan developed and
1788 implemented under the provisions of section 60 of this act.

1789 (c) The executive administrator may employ necessary staff to carry
1790 out the administrative functions of the Office of Governmental

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1791 Accountability, within available appropriations. Such necessary staff of
1792 the Office of Governmental Accountability shall be in classified
1793 service.

1794 (d) Nothing in this section shall be construed to affect or limit the
1795 independent decision-making authority of the Office of State Ethics,
1796 State Elections Enforcement Commission, the Freedom of Information
1797 Commission, Judicial Review Council, Judicial Selection Commission,
1798 Board of Firearms Permit Examiners, Office of the Child Advocate,
1799 Office of the Victim Advocate or the State Contracting Standards
1800 Board. Such decision-making authority includes, but is not limited to,
1801 decisions concerning budgetary issues and concerning the
1802 employment of necessary staff to carry out the statutory duties of each
1803 such office, commission, council or board.

1804 Sec. 59. (NEW) (Effective July 1, 2011) (a) (1) There shall be a
1805 Governmental Accountability Commission, within the office of
1806 Governmental Accountability established under section 58 of this act,
1807 that shall consist of nine members as follows: (A) The chairperson of
1808 the Citizen's Ethics Advisory Board established under section 1-80 of
1809 the general statutes, as amended by this act, or the chairperson's
1810 designee; (B) the chairperson of the State Elections Enforcement
1811 Commission established under section 9-7a of the general statutes, as
1812 amended by this act, or the chairperson's designee; (C) the chairperson
1813 of the Freedom of Information Commission established under section
1814 1-205, of the general statutes, as amended by this act, or the
1815 chairperson's designee; (D) the executive director of the Judicial
1816 Review Council established under section 51-51k of the general
1817 statutes, as amended by this act, or the executive director's designee;
1818 (E) the chairperson of the Judicial Selection Commission established
1819 under section 51-44a of the general statutes, as amended by this act, or
1820 the chairperson's designee; (F) the chairperson of the Board of Firearms
1821 Permit Examiners established under section 29-32b of the general
1822 statutes, as amended by this act, or the chairperson's designee; (G) the
1823 Child Advocate appointed under section 46a-13k of the general

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1824 statutes, as amended by this act, or the advocate's designee; (H) the
1825 Victim Advocate appointed under section 46a-13b of the general
1826 statutes, as amended by this act, or the advocate's designee; and (I) the
1827 chairperson of the State Contracting Standards Board established
1828 under section 4e-2 of the general statutes, as amended by this act, or
1829 the chairperson's designee. The Governmental Accountability
1830 Commission shall select a chairperson who shall preside at meetings of
1831 the commission. Said Commission shall meet for the purpose of
1832 making recommendations to the Governor for candidates for the
1833 executive administrator of the Office of Governmental Accountability
1834 pursuant to the provisions of subsection (b) of this section, or for the
1835 purpose of terminating the employment of the executive
1836 administrator.

1837 (2) The commission established under subdivision (1) of this


1838 subsection shall not be construed to be a board or commission within
1839 the meaning of section 4-9a of the general statutes.

1840 (b) (1) Notwithstanding the provisions of subdivisions (2) and (3) of
1841 this subsection concerning deadlines for recommendations for and
1842 appointment of an executive administrator of the Office of
1843 Governmental Accountability, not later than September 1, 2011, the
1844 Governor, with the approval of the General Assembly pursuant to
1845 subdivision (3) of this subsection, shall appoint a person as the
1846 executive administrator of the Office of Governmental Accountability
1847 established under section 58 of this act. Such person shall be qualified
1848 by training and experience to perform the administrative duties of the
1849 office. The initial appointment shall be made from a list prepared by
1850 the Governmental Accountability Commission pursuant to subdivision
1851 (2) of this subsection, except in the case of such initial appointment,
1852 such list shall be of not fewer than three persons. Not later than
1853 August 1, 2011, the commission shall submit such list to the Governor.
1854 If the Governmental Accountability Commission has not submitted
1855 such list to the Governor on or before August 1, 2011, then on or after
1856 August 2, 2011, the Governor shall appoint an acting executive

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1857 administrator who shall serve until a successor is appointed and
1858 confirmed in accordance with the provisions of this section.

1859 (2) Upon any vacancy in the position of executive administrator of


1860 the Office of Governmental Accountability, the commission shall meet
1861 to consider and interview successor candidates and shall submit to the
1862 Governor a list of not fewer than five and not more than seven of the
1863 most outstanding candidates, not later than sixty days after the
1864 occurrence of said vacancy. Such list shall rank the candidates in the
1865 order of commission preference. Upon receipt of the list of candidates
1866 from the commission, the Governor shall designate a candidate for the
1867 executive administrator of the Office of Governmental Accountability
1868 from among the choices not later than eight weeks after receiving such
1869 list. If at any time any candidate withdraws from consideration prior to
1870 confirmation by the General Assembly pursuant to subdivision (3) of
1871 this subsection, the Governor shall designate a candidate from the
1872 remaining candidates on the list.

1873 (3) The candidate designated by the Governor, or if, not later than
1874 eight weeks after receiving such list, the Governor fails to designate a
1875 candidate on the list, the candidate ranked first on the list, shall be
1876 referred to either house of the General Assembly for confirmation. If
1877 such house of the General Assembly is not in session, the referred
1878 candidate shall serve as acting executive administrator and be entitled
1879 to the compensation and shall carry out the duties of the executive
1880 administrator until such house meets to take action on said
1881 appointment. The person appointed executive administrator shall
1882 serve for a term of four years and may be reappointed or shall
1883 continue to hold office until such person's successor is appointed and
1884 qualified. The Governmental Accountability Commission may
1885 terminate the term of an executive administrator in accordance with
1886 the provisions of section 59 of this act.

1887 Sec. 60. (NEW) (Effective July 1, 2011) (a) Not later than November 1,
1888 2011, the executive administrator appointed under section 59 of this act

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1889 shall develop and implement a plan for the Office of Governmental
1890 Accountability to merge and provide for personnel, payroll,
1891 affirmative action and administrative and business office functions and
1892 information technology associated with such functions for the Office of
1893 State Ethics established under section 1-80 of the general statutes, as
1894 amended by this act, State Elections Enforcement Commission
1895 established under section 9-7a of the general statutes, as amended by
1896 this act, Freedom of Information Commission established under
1897 section 1-205 of the general statutes, as amended by this act, Judicial
1898 Review Council established under section 51-51k of the general
1899 statutes, as amended by this act, Judicial Selection Commission
1900 established under section 51-44a of the general statutes, as amended by
1901 this act, Board of Firearms Permit Examiners established under section
1902 29-32b of the general statutes, as amended by this act, Office of the
1903 Child Advocate established under section 46a-13k of the general
1904 statutes, as amended by this act, Office of the Victim Advocate
1905 established under section 46a-13b of the general statutes, as amended
1906 by this act, and State Contracting Standards Board established under
1907 section 4e-2 of the general statutes, as amended by this act.

1908 (b) Not later than January 2, 2012, the executive administrator of the
1909 Office of Governmental Accountability, in conjunction with (1) the
1910 executive director, or the executive director's designee, of each of the
1911 following: The Office of State Ethics, the Freedom of Information
1912 Commission, the State Elections Enforcement Commission and the
1913 Judicial Review Council, (2) the chairperson or the chairperson's
1914 designee of each of the following: The Judicial Selection Commission,
1915 the Board of Firearms Permit Examiners, and the State Contracting
1916 Standards Board, (3) the Child Advocate or the advocate's designee
1917 and (4) the Victim Advocate or the advocate's designee shall submit a
1918 report, in accordance with the provisions of section 11-4a of the general
1919 statutes, to the joint standing committees of the General Assembly
1920 having cognizance of matters relating to appropriations and the
1921 budgets of state agencies, government administration, the judiciary,
1922 children, public safety and human services concerning (A) the status of

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1923 the merger described in subsection (a) of this section, and (B) any
1924 recommendations for further legislative action concerning such
1925 merger, including, but not limited to, recommendations to further
1926 consolidate and merge functions performed by the offices,
1927 commissions, boards and council within the Office of Governmental
1928 Accountability such as those concerning best use of staff, elimination
1929 of redundancies and cross-training of staff for the purpose of using
1930 staff to perform functions across such offices, commissions, boards and
1931 council.

1932 Sec. 61. Subsection (a) of section 1-80 of the general statutes is
1933 repealed and the following is substituted in lieu thereof (Effective July
1934 1, 2011):

1935 (a) There shall be established, within the Office of Governmental


1936 Accountability established under section 58 of this act, an Office of
1937 State Ethics. [that shall be an independent state agency and shall
1938 constitute a successor agency to the State Ethics Commission, in
1939 accordance with the provisions of sections 4-38d and 4-39.] Said office
1940 shall consist of an executive director, general counsel, ethics
1941 enforcement officer and such other staff as hired by the executive
1942 director. Within the Office of State Ethics, there shall be the Citizen's
1943 Ethics Advisory Board that shall consist of nine members, appointed as
1944 follows: One member shall be appointed by the speaker of the House
1945 of Representatives, one member by the president pro tempore of the
1946 Senate, one member by the majority leader of the Senate, one member
1947 by the minority leader of the Senate, one member by the majority
1948 leader of the House of Representatives, one member by the minority
1949 leader of the House of Representatives, and three members by the
1950 Governor. Members of the board shall serve for four-year terms which
1951 shall commence on October 1, 2005, except that members first
1952 appointed shall have the following terms: The Governor shall appoint
1953 two members for a term of three years and one member for a term of
1954 four years; the majority leader of the House of Representatives,
1955 minority leader of the House of Representatives and the speaker of the

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1956 House of Representatives shall each appoint one member for a term of
1957 two years; the president pro tempore of the Senate, the majority leader
1958 of the Senate and the minority leader of the Senate shall each appoint
1959 one member for a term of four years. No individual shall be appointed
1960 to more than one four-year term as a member of the board, provided,
1961 members may not continue in office once their term has expired and
1962 members first appointed may not be reappointed. No more than five
1963 members shall be members of the same political party. The members
1964 appointed by the majority leader of the Senate and the majority leader
1965 of the House of Representatives shall be selected from a list of
1966 nominees proposed by a citizen group having an interest in ethical
1967 government. The majority leader of the Senate and the majority leader
1968 of the House of Representatives shall each determine the citizen group
1969 from which each will accept such nominations. One member
1970 appointed by the Governor shall be selected from a list of nominees
1971 proposed by a citizen group having an interest in ethical government.
1972 The Governor shall determine the citizen group from which the
1973 Governor will accept such nominations.

1974 Sec. 62. Subsection (a) of section 1-205 of the general statutes is
1975 repealed and the following is substituted in lieu thereof (Effective July
1976 1, 2011):

1977 (a) There shall be established, within the Office of Governmental


1978 Accountability established under section 58 of this act, a Freedom of
1979 Information Commission consisting of [five members] nine members.
1980 (1) Five of such members shall be appointed by the Governor, with the
1981 advice and consent of either house of the General Assembly. [, who]
1982 Such members shall serve for terms of four years from [the] July first of
1983 the year of their appointment, except that of the members appointed
1984 prior to and serving on July 1, 1977, one shall serve for a period of six
1985 years from July 1, 1975, one shall serve for a period of four years from
1986 July 1, 1975, and one shall serve for a period of six years from July 1,
1987 1977. Of the two new members first appointed by the Governor after
1988 July 1, 1977, one shall serve from the date of such appointment until

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1989 June 30, 1980, and one shall serve from the date of such appointment
1990 until June 30, 1982. (2) On and after July 1, 2011, four members of the
1991 commission shall be appointed as follows: One by the president pro
1992 tempore of the Senate, one by the minority leader of the Senate, one by
1993 the speaker of the House of Representatives and one by the minority
1994 leader of the House of Representatives. Such members shall serve for
1995 terms of two years from July first of the year of their appointment. (3)
1996 No more than [three] five members of the commission shall be
1997 members of the same political party. Any vacancy in the membership
1998 of the commission shall be filled by the appointing authority for the
1999 unexpired portion of the term.

2000 Sec. 63. Subsection (a) of section 9-7a of the general statutes is
2001 repealed and the following is substituted in lieu thereof (Effective July
2002 1, 2011):

2003 (a) There is established, within the Office of Governmental


2004 Accountability established under section 58 of this act, a State Elections
2005 Enforcement Commission to consist of five members, not more than
2006 two of whom shall be members of the same political party and at least
2007 one of whom shall not be affiliated with any political party. Of the
2008 members first appointed hereunder, one shall be appointed by the
2009 minority leader of the House of Representatives and shall hold office
2010 for a term of one year from July 1, 1974; one shall be appointed by the
2011 minority leader of the Senate and shall hold office for a term of three
2012 years from said July first; one shall be appointed by the speaker of the
2013 House of Representatives and shall hold office for a term of one year
2014 from said July first; one shall be appointed by the president pro
2015 tempore of the Senate and shall hold office for a term of three years
2016 from said July first, and one shall be appointed by the Governor,
2017 provided that such member shall not be affiliated with any political
2018 party, and shall hold office for a term of five years from said July first.
2019 Thereafter, members shall be appointed for terms of five years from
2020 July first in the year of their appointment and shall be appointed by
2021 the person holding the same office as was held by the person making

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2022 the original appointment, provided any person chosen to fill a vacancy
2023 shall be appointed only for the unexpired term of the member whom
2024 he shall succeed. All appointments shall be made with the consent of
2025 the state Senate and House of Representatives, provided the initial
2026 appointees may serve without confirmation from July 1, 1974, subject
2027 to approval at the next regular session of the General Assembly. No
2028 person who has served within the previous three years as a public
2029 official, other than a member of the State Elections Enforcement
2030 Commission, or who has served within the previous three years as a
2031 political party officer, shall be appointed to membership on the
2032 commission. For purposes of this subsection the term "public official"
2033 means an individual who holds or has held a state, district or
2034 municipal office as defined in section 9-372 but shall not include a
2035 justice of the peace or a notary public and the term "political party
2036 officer" means an officer or member of a national committee of a
2037 political party, state central or town committee, or any person
2038 employed by any such committee for compensation. The commission
2039 shall elect one of its members to serve as chairperson and another
2040 member to serve as vice-chairperson. Each member of the commission
2041 shall be compensated at the rate of two hundred dollars per day for
2042 any day on which he participates in a regular commission meeting or
2043 hearing, and shall be paid by the state for his reasonable expenses,
2044 including necessary stenographic and clerical help.

2045 Sec. 64. Subsection (a) of section 51-44a of the general statutes is
2046 repealed and the following is substituted in lieu thereof (Effective July
2047 1, 2011):

2048 (a) There is established a Judicial Selection Commission, within the


2049 Office of Governmental Accountability established under section 58 of
2050 this act. Said commission shall be comprised of twelve members. Six of
2051 the members shall be attorneys-at-law and six of the members shall not
2052 be attorneys-at-law. Not more than six of the members shall belong to
2053 the same political party. None of the members shall be an elected or
2054 appointed official of the state or hold state-wide office in a political

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2055 party.

2056 Sec. 65. Subsection (a) of section 51-51k of the general statutes is
2057 repealed and the following is substituted in lieu thereof (Effective July
2058 1, 2011):

2059 (a) There is [hereby] established a Judicial Review Council, within


2060 the Office of Governmental Accountability established under section
2061 58 of this act, to be composed of the following members: (1) Three
2062 judges of the Superior Court, who are not also judges of the Supreme
2063 Court, who shall be appointed by the Governor, from a list of six
2064 judges selected by the members of the Superior Court, with the
2065 approval of the General Assembly, (2) three attorneys-at-law admitted
2066 to practice in this state, who shall be appointed by the Governor with
2067 the approval of the General Assembly, (3) six persons who are not
2068 judges or attorneys-at-law, who shall be appointed by the Governor
2069 with the approval of the General Assembly, and (4) thirteen alternate
2070 members who shall be appointed by the Governor with the approval
2071 of the General Assembly, as follows: (A) Two judges of the Superior
2072 Court who are not also judges of the Supreme Court, from a list of four
2073 judges selected by the members of the Superior Court, (B) two
2074 attorneys-at-law admitted to practice in this state, (C) three persons
2075 who are not judges or attorneys-at-law, (D) three compensation
2076 commissioners, and (E) three family support magistrates.

2077 Sec. 66. Subsection (a) of section 29-32b of the general statutes is
2078 repealed and the following is substituted in lieu thereof (Effective July
2079 1, 2011):

2080 (a) There shall be established a Board of Firearms Permit Examiners,


2081 within the [Department of Public Safety for administrative purposes
2082 only, hereinafter referred to as the board] Office of Governmental
2083 Accountability established under section 58 of this act, to be comprised
2084 of seven members appointed by the Governor to serve during his term
2085 and until their successors are appointed and qualify. With the
2086 exception of public members, the members shall be appointed from

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2087 nominees of the Commissioner of Public Safety, the Connecticut State
2088 Association of Chiefs of Police, the Commissioner of Environmental
2089 Protection, The Connecticut State Rifle and Revolver Association, Inc.,
2090 and Ye Connecticut Gun Guild, Inc., and each of said organizations
2091 shall be entitled to representation on the board. At least one member of
2092 the board shall be a lawyer licensed to practice in this state, who shall
2093 act as chairman of the board during the hearing of appeals brought
2094 under this section.

2095 Sec. 67. Subsection (d) of section 4e-2 of the general statutes is
2096 repealed and the following is substituted in lieu thereof (Effective July
2097 1, 2011):

2098 (d) The State Contracting Standards Board shall be [an independent
2099 body within the Executive Department] within the Office of
2100 Governmental Accountability established under section 58 of this act.

2101 Sec. 68. (NEW) (Effective July 1, 2011) There is established an


2102 advisory committee to the Office of the Victim Advocate established
2103 under section 46a-13b of the general statutes, as amended by this act.
2104 Said committee shall prepare and submit to the Governor a list of
2105 candidates for appointment of the Victim Advocate. The advisory
2106 committee shall consist of seven members as follows: (1) One
2107 appointed by the president pro tempore of the Senate; (2) one
2108 appointed by the speaker of the House of Representatives; (3) one
2109 appointed by the majority leader of the Senate; (4) one appointed by
2110 the majority leader of the House of Representatives; (5) one appointed
2111 by the minority leader of the Senate; (6) one appointed by the minority
2112 leader of the House of Representatives; and (7) one appointed by the
2113 Governor. The committee shall select a chairperson who shall preside
2114 at meetings of the committee. No member of the advisory committee
2115 shall be a person who is a volunteer for, a board member of, or is
2116 employed by any entity or agency subject to the review of, or
2117 evaluation or monitoring by the Victim Advocate pursuant to section
2118 46a-13c of the general statutes, or is a communicator lobbyist who

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2119 pursuant to such lobbyist's registration under chapter 10 of the general
2120 statutes, lobbies on behalf of any entity or agency subject to the review
2121 of, or evaluation or monitoring by the Victim Advocate pursuant to
2122 said section 46a-13c. Each member of the advisory committee shall
2123 serve a term of five years and may be reappointed at the conclusion of
2124 such term. All initial appointments to the advisory committee shall be
2125 made not later than September 1, 2011. Each member of the advisory
2126 committee shall serve a five-year term from July first of the year of
2127 their appointment. Any vacancy in the membership of the committee
2128 shall be filled by the appointing authority for the unexpired portion of
2129 the term.

2130 Sec. 69. Section 46a-13b of the general statutes is repealed and the
2131 following is substituted in lieu thereof (Effective July 1, 2011):

2132 (a) There is established, within the Office of Governmental


2133 Accountability established under section 58 of this act, an Office of the
2134 Victim Advocate. The Governor, with the approval of the General
2135 Assembly, shall appoint a person with knowledge of victims' rights
2136 and services as Victim Advocate. Such person shall be an attorney and
2137 qualified by training and experience to perform the duties of Victim
2138 Advocate as set forth in section 46a-13c. [The appointment shall be
2139 made from a list of at least three persons prepared and submitted by
2140 the advisory committee established pursuant to section 46a-13f. Such
2141 list shall be confidential and not open to the public or subject to
2142 disclosure.] Upon any vacancy in the position of Victim Advocate, the
2143 advisory committee established pursuant to section 68 of this act shall
2144 meet to consider and interview successor candidates and shall submit
2145 to the Governor a list of [no less] not fewer than five and [no] not more
2146 than seven candidates not later than sixty days after said vacancy.
2147 Such list shall be confidential and not open to the public or subject to
2148 disclosure, and shall rank the candidates in the order of committee
2149 preference. [Upon receipt of] Not later than eight weeks after receiving
2150 the list of candidates from the advisory committee, the Governor shall
2151 appoint a candidate for Victim Advocate from among the choices

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2152 [within eight weeks of receipt of] on such list. If, at any time, any of the
2153 candidates withdraws from consideration prior to confirmation by the
2154 General Assembly, the appointment shall be made from the remaining
2155 candidates on the list submitted to the Governor. The person
2156 appointed Victim Advocate shall serve for a term of four years and
2157 may be reappointed or shall continue to hold office until [his] a
2158 successor is appointed and qualified.

2159 [(b) The Office of the Victim Advocate shall be in the Department of
2160 Administrative Services for administrative purposes only.]

2161 [(c)] (b) Notwithstanding any other provision of the general statutes,
2162 the Victim Advocate shall act independently of any state department
2163 in the performance of [his] the advocate's duties.

2164 [(d)] (c) The Victim Advocate may, within available funds, appoint
2165 such staff as may be deemed necessary. The duties of the staff may
2166 include the duties of the Victim Advocate if performed under the
2167 direction of the Victim Advocate.

2168 [(e)] (d) The General Assembly may annually appropriate such
2169 sums as necessary for the payment of the salaries of the staff and for
2170 the payment of office expenses and other actual expenses incurred by
2171 the Victim Advocate in the performance of [his] the advocate's duties.

2172 [(f)] (e) The Victim Advocate shall annually submit, in accordance
2173 with the provisions of section 11-4a, to the Governor, [and] the
2174 [General Assembly] joint standing committee of the General Assembly
2175 having cognizance of matters relating to the judiciary and the advisory
2176 committee established pursuant to section 68 of this act a detailed
2177 report analyzing the work of the Office of the Victim Advocate.

2178 Sec. 70. (NEW) (Effective July 1, 2011) There is established an


2179 advisory committee to the Office of the Child Advocate established
2180 under section 46a-13k, as amended by this act. Said committee shall
2181 prepare and submit to the Governor a list of candidates for

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2182 appointment of the Child Advocate. The advisory committee shall
2183 consist of seven members as follows: (1) One appointed by the
2184 president pro tempore of the Senate; (2) one appointed by the speaker
2185 of the House of Representatives; (3) one appointed by the majority
2186 leader of the Senate; (4) one appointed by the majority leader of the
2187 House of Representatives; (5) one appointed by the minority leader of
2188 the Senate; (6) one appointed by the minority leader of the House of
2189 Representatives; and (7) one appointed by the Governor. The
2190 committee shall select a chairperson who shall preside at meetings of
2191 the committee. No member of the advisory committee shall be a
2192 person who is a volunteer for, a board member of, or is employed by,
2193 any entity or agency subject to the review of, or evaluation or
2194 monitoring by the Child Advocate pursuant to section 46a-13l of the
2195 general statutes, or is a communicator lobbyist who pursuant to such
2196 lobbyist's registration under chapter 10 of the general statutes, lobbies
2197 on behalf of any entity or agency subject to the review of, or evaluation
2198 or monitoring by the Child Advocate pursuant to said section 46a-13l.
2199 Each member of the advisory committee shall serve a term of five
2200 years and may be reappointed at the conclusion of such term. All
2201 initial appointments to the advisory committee shall be made not later
2202 than September 1, 2011. Each member of the advisory committee shall
2203 serve a five-year term from July first of the year of their appointment.
2204 Any vacancy in the membership of the committee shall be filled by the
2205 appointing authority for the unexpired portion of the term.

2206 Sec. 71. Section 46a-13k of the general statutes is repealed and the
2207 following is substituted in lieu thereof (Effective July 1, 2011):

2208 (a) There is established, within the Office of Governmental


2209 Accountability established under section 58 of this act, an Office of the
2210 Child Advocate. The Governor, with the approval of the General
2211 Assembly, shall appoint a person with knowledge of the child welfare
2212 system and the legal system to fill the Office of the Child Advocate.
2213 Such person shall be qualified by training and experience to perform
2214 the duties of the office as set forth in section 46a-13l. [The appointment

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2215 shall be made from a list of at least three persons prepared and
2216 submitted by the advisory committee established pursuant to section
2217 46a-13q.] Upon any vacancy in the position of Child Advocate, the
2218 advisory committee established pursuant to section 70 of this act shall
2219 meet to consider and interview successor candidates and shall submit
2220 to the Governor a list of [no less] not fewer than five and [no] not more
2221 than seven of the most outstanding candidates, not later than sixty
2222 days after the occurrence of said vacancy. Such list shall rank the
2223 candidates in the order of committee preference. [Upon receipt of] Not
2224 later than eight weeks after receiving the list of candidates from the
2225 advisory committee, the Governor shall designate a candidate for
2226 Child Advocate from among the choices [within eight weeks of receipt
2227 of] on such list. If at any time any of the candidates withdraw from
2228 consideration prior to confirmation by the General Assembly, the
2229 designation shall be made from the remaining candidates on the list
2230 submitted to the Governor. If, not later than eight weeks after
2231 receiving the list, the Governor fails to designate a candidate [has not
2232 been designated by the Governor within the eight-week time period]
2233 from the list, the candidate ranked first shall receive the designation
2234 and be referred to the General Assembly for confirmation. If the
2235 General Assembly is not in session, the designated candidate shall
2236 serve as acting Child Advocate and be entitled to the compensation,
2237 privileges and powers of the Child Advocate until the General
2238 Assembly meets to take action on said appointment. The person
2239 appointed Child Advocate shall serve for a term of four years and may
2240 be reappointed or shall continue to hold office until such person's
2241 successor is appointed and qualified. Upon any vacancy in the position
2242 of Child Advocate and until such time as a candidate has been
2243 confirmed by the General Assembly or, if the General Assembly is not
2244 in session, has been designated by the Governor, the Associate Child
2245 Advocate shall serve as the acting Child Advocate and be entitled to
2246 the compensation, privileges and powers of the Child Advocate.

2247 [(b) The Office of the Child Advocate shall be in the Department of
2248 Administrative Services for administrative purposes only.]

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2249 [(c)] (b) Notwithstanding any other provision of the general statutes,
2250 the Child Advocate shall act independently of any state department in
2251 the performance of [his] the advocate's duties.

2252 [(d)] (c) The Child Advocate may, within available funds, appoint
2253 such staff as may be deemed necessary provided, for the fiscal years
2254 ending June 30, 1996, and June 30, 1997, such staff shall not exceed one
2255 and one-half full-time positions or the equivalent thereof. The duties of
2256 the staff may include the duties and powers of the Child Advocate if
2257 performed under the direction of the Child Advocate.

2258 [(e)] (d) The General Assembly shall annually appropriate such
2259 sums as necessary for the payment of the salaries of the staff and for
2260 the payment of office expenses and other actual expenses incurred by
2261 the Child Advocate in the performance of his or her duties. Any legal
2262 or court fees obtained by the state in actions brought by the Child
2263 Advocate shall be deposited in the General Fund.

2264 [(f)] (e) The Child Advocate shall annually submit, in accordance
2265 with the provisions of the section 11-4a, to the Governor, [and] the
2266 [General Assembly] joint standing committees of the General
2267 Assembly having cognizance of matters relating to the judiciary,
2268 children and human services and the advisory committee established
2269 pursuant to section 70 of this act a detailed report analyzing the work
2270 of the Office of the Child Advocate.

2271 Sec. 72. Subdivision (2) of section 46a-13l of the general statutes is
2272 repealed and the following is substituted in lieu thereof (Effective July
2273 1, 2011):

2274 (2) Review periodically the procedures established by any state


2275 agency providing services to children to carry out the provisions of
2276 sections 46a-13k to [46a-13q] 46a-13p, inclusive, as amended by this
2277 act, with a view toward the rights of the children and recommend
2278 revisions to such procedures;

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2279 Sec. 73. Subsection (a) of section 46a-13o of the general statutes is
2280 repealed and the following is substituted in lieu thereof (Effective July
2281 1, 2011):

2282 (a) In addition to the powers set forth in section 46a-13m, and
2283 notwithstanding section 3-125, the Child Advocate, or his designee,
2284 may represent, appear, intervene in or bring an action on behalf of any
2285 child in any proceeding before any court, agency, board or commission
2286 in this state in which matters related to sections 46a-13k to [46a-13q]
2287 46a-13p, inclusive, as amended by this act, are in issue. Prior to the
2288 institution of any action brought pursuant to this subsection, the Child
2289 Advocate shall make a good faith effort to resolve issues or problems
2290 through mediation.

2291 Sec. 74. Section 1-81a of the general statutes is repealed and the
2292 following is substituted in lieu thereof (Effective July 1, 2011):

2293 (a) Notwithstanding any provision of the general statutes, the


2294 appropriations recommended for the division of the Office of State
2295 Ethics [, as established in section 1-80] within the Office of
2296 Governmental Accountability established under section 58 of this act,
2297 which division shall have a separate line item within the budget for the
2298 Office of Governmental Accountability, shall be the estimates of
2299 expenditure requirements transmitted to the Secretary of the Office of
2300 Policy and Management by the executive [director of the Office of State
2301 Ethics] administrator of the Office of Governmental Accountability
2302 and the recommended adjustments and revisions of such estimates
2303 shall be the recommended adjustments and revisions, if any,
2304 transmitted by said executive [director] administrator to the Office of
2305 Policy and Management.

2306 (b) Notwithstanding any provision of the general statutes, the


2307 Governor shall not reduce allotment requisitions or allotments in force
2308 concerning the Office of State Ethics.

2309 Sec. 75. Section 1-205a of the general statutes is repealed and the

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2310 following is substituted in lieu thereof (Effective July 1, 2011):

2311 (a) Notwithstanding any provision of the general statutes, the


2312 appropriations recommended for the division of the Freedom of
2313 Information Commission [, as established in section 1-205] within the
2314 Office of Governmental Accountability established under section 58 of
2315 this act, which division shall have a separate line item within the
2316 budget for the Office of Governmental Accountability, shall be the
2317 estimates of expenditure requirements transmitted to the Secretary of
2318 the Office of Policy and Management by the executive [director of the
2319 commission] administrator of the Office of Governmental
2320 Accountability and the recommended adjustments and revisions of
2321 such estimates shall be the recommended adjustments and revisions, if
2322 any, transmitted by said executive [director] administrator to the
2323 Office of Policy and Management.

2324 (b) Notwithstanding any provision of the general statutes, the


2325 Governor shall not reduce allotment requisitions or allotments in force
2326 concerning the Freedom of Information Commission.

2327 Sec. 76. Section 9-7c of the general statutes is repealed and the
2328 following is substituted in lieu thereof (Effective July 1, 2011):

2329 (a) Notwithstanding any provision of the general statutes, the


2330 appropriations recommended for the division of the State Elections
2331 Enforcement Commission [, as established in section 9-7a] within the
2332 Office of Governmental Accountability established under section 58 of
2333 this act, which division shall have a separate line item within the
2334 budget for the Office of Governmental Accountability, shall be the
2335 estimates of expenditure requirements transmitted to the Secretary of
2336 the Office of Policy and Management by the executive [director of the
2337 commission] administrator of the Office of Governmental
2338 Accountability and the recommended adjustments and revisions of
2339 such estimates shall be the recommended adjustments and revisions, if
2340 any, transmitted by said executive [director] administrator to the
2341 Office of Policy and Management.

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2342 (b) Notwithstanding any provision of the general statutes, the
2343 Governor shall not reduce allotment requisitions or allotments in force
2344 concerning the State Elections Enforcement Commission.

2345 Sec. 77. (NEW) (Effective July 1, 2011) (a) Any order or regulation of
2346 the Office of Workforce Competitiveness affecting the functions,
2347 powers, duties and obligations set forth in this section and sections 4-
2348 124w, 4-124z, 4-124bb, 4-124ff, 4-124gg, 4-124hh, 4-124tt, 4-124uu and
2349 4-124vv of the general statutes, which is in force on the effective date of
2350 this section, shall continue in force and effect as an order or regulation
2351 of the Labor Department until amended, repealed or superseded
2352 pursuant to law. Where any orders or regulations of said office and
2353 said department conflict, the Labor Commissioner may implement
2354 policies and procedures consistent with the provisions of this section
2355 and sections 4-124w, 4-124z, 4-124bb, 4-124ff, 4-124gg, 4-124hh, 4-124tt,
2356 4-124uu, 4-124vv, 10-95h, 10a-11b, 10a-19d, 31-3h, 31-3k, 31-11cc and
2357 31-11dd of the general statutes, as amended by this act, while in the
2358 process of adopting the policy or procedure in regulation form,
2359 provided notice of intention to adopt regulations is printed in the
2360 Connecticut Law Journal not later than twenty days after
2361 implementation. The policy or procedure shall be valid until the time
2362 final regulations are effective.

2363 Sec. 78. (NEW) (Effective July 1, 2011) (a) On and after the effective
2364 date of this section, the Department of Economic and Community
2365 Development shall assume all responsibilities of the Connecticut
2366 Commission on Culture and Tourism pursuant to any provision of the
2367 general statutes. The transfer of functions, powers, duties, personnel,
2368 obligations, including, but not limited to, contract obligations, the
2369 continuance of orders and regulations, the effect upon pending actions
2370 and proceedings, the completion of unfinished business, and the
2371 transfer of records and property between the Connecticut Commission
2372 on Culture and Tourism, as said department existed immediately prior
2373 to the effective date of this section, and the Department of Economic
2374 and Community Development shall be governed by the provisions of

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2375 sections 4-38d, 4-38e and 4-39 of the general statutes.

2376 (b) Wherever the term "Connecticut Commission on Culture and


2377 Tourism" is used or referred to in any public or special acts, the term
2378 "Department of Economic and Community Development" shall be
2379 substituted in lieu thereof.

2380 (c) Wherever the term "executive director of the Commission on


2381 Culture and Tourism" is used or referred to in any public or special
2382 acts, the term "Commissioner of Economic and Community
2383 Development" shall be substituted in lieu thereof.

2384 (d) Any order or regulation of the Connecticut Commission on


2385 Culture and Tourism, which is in force on the effective date of this
2386 section, shall continue in force and effect as an order or regulation of
2387 the Department of Economic and Community Development until
2388 amended, repealed or superseded pursuant to law. Where any order or
2389 regulation of said commission or said department conflicts, the
2390 Commissioner of Economic and Community Development may
2391 implement policies and procedures consistent with the provisions of
2392 this section and sections 3-110f, 3-110h, 3-110i, 4-9a, 4-66aa, 4-89, 4b-53,
2393 4b-60, 4b-64, 4b-66a, 5-198, 7-147a, 7-147b, 7-147c, 7-147j, 7-147p, 7-
2394 147q, 7-147y, 8-37lll, 10-382, 10-384, 10-385, 10-386, 10-387, 10-388, 10-
2395 389, 10-391, 10-392, 10-393, 10-394, 10-395, 10-396, 10-397, 10-397a, 10-
2396 399, 10-400, 10-401, 10-402, 10-403, 10-404, 10-405, 10-406, 10-408, 10-
2397 409, 10-410, 10-411, 10-412, 10-413, 10-414, 10-415, 10-416, 10-416a, 10-
2398 416b, 10-425, 10a-111a, 10a-112, 10a-112b, 10a-112g, 11-6a, 12-376d, 13a-
2399 252, 19a-315b, 19a-315c, 22a-1d, 22a-19b, 22a-27s, 25-102qq, 25-109q, 29-
2400 259, 32-6a, 32-11a and 32-35 of the general statutes, as amended by this
2401 act, while in the process of adopting the policy or procedure in
2402 regulation form, provided notice of intention to adopt regulations is
2403 printed in the Connecticut Law Journal not later than twenty days after
2404 implementation. The policy or procedure shall be valid until the time
2405 final regulations are effective.

2406 (e) The Legislative Commissioners' Office shall, in codifying the

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2407 provisions of this section, make such technical, grammatical and
2408 punctuation changes as are necessary to carry out the purposes of this
2409 section.

2410 Sec. 79. (Effective July 1, 2011) Not later than January 2, 2012, the
2411 Commissioner of Economic and Community Development shall
2412 submit a report, in accordance with the provisions of section 11-4a of
2413 the general statutes, to the joint standing committees of the General
2414 Assembly having cognizance of matters relating to appropriations and
2415 the budgets of state agencies and commerce concerning (1) the status
2416 of the merger of the Department of Economic and Community
2417 Development and the Commission on Culture and Tourism in
2418 accordance with the provisions of this act, and (2) any
2419 recommendations for further legislative action concerning such
2420 merger.

2421 Sec. 80. (Effective July 1, 2011) Not later than January 2, 2012, the
2422 Labor Commissioner shall submit a report, in accordance with the
2423 provisions of section 11-4a of the general statutes, to the joint standing
2424 committees of the General Assembly having cognizance of matters
2425 relating to appropriations and the budgets of state agencies and labor
2426 concerning (1) the status of the merger of the Labor Department and
2427 the Office of Workforce Competitiveness in accordance with the
2428 provisions of this act, and (2) any recommendations for further
2429 legislative action concerning such merger.

2430 Sec. 81. Section 4-124w of the general statutes is repealed and the
2431 following is substituted in lieu thereof (Effective July 1, 2011):

2432 (a) There [is established] shall be within the Labor Department an
2433 Office of Workforce Competitiveness. [that shall be within the Office of
2434 Policy and Management for administrative purposes only.]

2435 (b) The [office] Labor Commissioner shall, with the assistance of the
2436 Office of Workforce Competitiveness:

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2437 (1) Be the Governor's principal workforce development policy
2438 advisor;

2439 (2) Be the liaison between the Governor and any local, state or
2440 federal organizations and entities with respect to workforce
2441 development matters, including implementation of the Workforce
2442 Investment Act of 1998, P.L. 105-220, as from time to time amended;

2443 (3) Coordinate the workforce development activities of all state


2444 agencies;

2445 (4) Coordinate the state's implementation of the federal Workforce


2446 Investment Act of 1998, P.L. 105-220, as from time to time amended,
2447 and advise and assist the Governor with matters related to said act;

2448 (5) Establish methods and procedures to ensure the maximum


2449 involvement of members of the public, the legislature and local
2450 officials in workforce development matters, including implementation
2451 of the Workforce Investment Act of 1998, P.L. 105-220, as from time to
2452 time amended;

2453 [(6) Subject to the provisions of chapter 67, appoint such officials
2454 and other employees as may be necessary for the discharge of the
2455 duties of the office;]

2456 [(7)] (6) Enter into such contractual agreements, in accordance with
2457 established procedures, as may be necessary to carry out the
2458 provisions of this section; [and section 20 of public act 00-192;]

2459 [(8)] (7) Take any other action necessary to carry out the provisions
2460 of this section; [and section 20 of public act 00-192;] and

2461 [(9) Be the lead state agency for the development of employment
2462 and training strategies and initiatives required to support
2463 Connecticut's position in the knowledge economy; and]

2464 [(10)] (8) Not later than October 1, [2002] 2012, and annually

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2465 thereafter, submit a report, with the assistance of the Labor
2466 Department, to the Governor and the joint standing committees of the
2467 General Assembly having cognizance of matters relating to education,
2468 economic development, labor and higher education and employment
2469 advancement specifying a forecasted assessment by the Labor
2470 Department of workforce shortages in occupations in this state for the
2471 succeeding two and five-year periods. The report shall also include
2472 recommendations concerning (A) methods to generate a sufficient
2473 number of workers to meet identified workforce needs, including, but
2474 not limited to, scholarship, school-to-career and internship programs,
2475 and (B) methods secondary and higher education and private industry
2476 can use to address identified workforce needs.

2477 (c) The Labor Department shall be the lead state agency for the
2478 development of employment and training strategies and initiatives
2479 required to support the state's position in the knowledge economy.
2480 The Labor Commissioner, with the assistance of the Office of
2481 Workforce Competitiveness, may call upon any office, department,
2482 board, commission or other agency of the state to supply such reports,
2483 information and assistance as may be necessary or appropriate in
2484 order to carry out [the] its duties and requirements. [of the Office for
2485 Workforce Competitiveness.] Each officer or employee of such office,
2486 department, board, commission or other agency of the state is
2487 authorized and directed to cooperate with the [Office of Workforce
2488 Competitiveness] Labor Commissioner and to furnish such reports,
2489 information and assistance.

2490 Sec. 82. Section 4-124z of the general statutes is repealed and the
2491 following is substituted in lieu thereof (Effective July 1, 2011):

2492 (a) The [Office of Workforce Competitiveness, the] Labor


2493 Commissioner, the [Commissioners] Commissioner of Economic and
2494 Community Development, working with the Office of Workforce
2495 Competitiveness, the Commissioners of Education and Social Services,
2496 the Secretary of the Office of Policy and Management and the

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2497 [Chancellor of the regional community-technical colleges] President of
2498 the Board of Regents for Higher Education, in consultation with the
2499 superintendent of the vocational-technical school system and one
2500 member of industry representing each of the economic clusters
2501 identified by the Commissioner of Economic and Community
2502 Development pursuant to section 32-1m shall (1) review, evaluate and,
2503 as necessary, recommend improvements for certification and degree
2504 programs offered by the vocational-technical school system and the
2505 community-technical college system to ensure that such programs
2506 meet the employment needs of business and industry, and (2) develop
2507 strategies to strengthen the linkage between skill standards for
2508 education and training and the employment needs of business and
2509 industry.

2510 (b) Not later than January 1, 2002, and annually thereafter, the
2511 Commissioner of Education shall report, in accordance with section 11-
2512 4a, to the joint standing committees of the General Assembly having
2513 cognizance of matters relating to education, commerce, labor and
2514 higher education and employment advancement on (1) the
2515 implementation of any recommended programs or strategies within
2516 the vocational-technical school system or the community-technical
2517 college system to strengthen the linkage between vocational-technical
2518 and community-technical college certification and degree programs
2519 and the employment needs of business and industry, and (2) any
2520 certification or degree programs offered by vocational-technical
2521 schools or community-technical colleges that do not meet current
2522 industry standards.

2523 Sec. 83. Sections 4-124bb of the general statutes is repealed and the
2524 following is substituted in lieu thereof (Effective July 1, 2011):

2525 (a) The [Office of Workforce Competitiveness] Labor Department, in


2526 consultation with the Permanent Commission on the Status of Women,
2527 shall, within available appropriations, establish a Connecticut Career
2528 Ladder Advisory Committee which shall promote the creation of new

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2529 career ladder programs and the enhancement of existing career ladder
2530 programs for occupations in this state with a projected workforce
2531 shortage, as forecasted [by the Office of Workforce Competitiveness]
2532 pursuant to section 4-124w, as amended by this act.

2533 (b) The Connecticut Career Ladder Advisory Committee shall be


2534 comprised of the following thirteen members: (1) The Commissioners
2535 of Education, Higher Education and Public Health, or their designees;
2536 (2) the Labor Commissioner, or a designee; and (3) the following
2537 public members, all of whom shall be selected by the Labor
2538 Commissioner, with recommendation of the staff of the Office of
2539 Workforce Competitiveness, in conjunction with the Permanent
2540 Commission on the Status of Women, and knowledgeable about issues
2541 relative to career ladder programs or projected workforce shortage
2542 areas: (A) One member with expertise in the development of the early
2543 childhood education workforce; (B) one member with expertise in job
2544 training for women; (C) one member with expertise in the
2545 development of the health care workforce; (D) one member with
2546 expertise in labor market analysis; (E) one member representing health
2547 care employers; (F) one member representing early childhood
2548 education employers; and (G) three members with expertise in
2549 workforce development programs.

2550 (c) All appointments to the advisory committee shall be made no


2551 later than October 1, 2003. Any vacancy shall be filled by the
2552 appointing authority. Members shall serve two-year terms and no
2553 public member shall serve for more than two consecutive terms.

2554 (d) The advisory committee shall elect two cochairpersons from
2555 among its members. The advisory committee shall meet at least
2556 bimonthly. Members of the advisory committee shall serve without
2557 compensation, except for necessary expenses incurred in the
2558 performance of their duties.

2559 (e) For purposes of this section, [and section 4-124cc,] "career
2560 ladder" means any continuum of education and training that leads to a

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2561 credential, certificate, license or degree and results in career
2562 advancement or the potential to earn higher wages in an occupation
2563 with a projected workforce shortage, as forecasted [by the Office of
2564 Workforce Competitiveness] pursuant to section 4-124w, as amended
2565 by this act.

2566 Sec. 84. Section 4-124ff of the general statutes is repealed and the
2567 following is substituted in lieu thereof (Effective July 1, 2011):

2568 (a) [The Office of Workforce Competitiveness shall] There is


2569 established, within available appropriations and in consultation with
2570 the council established under subsection (b) of this section, [establish] a
2571 competitive "Innovation Challenge Grant" program to promote and
2572 encourage partnerships and collaborations involving technology-based
2573 business and industry with institutions of higher education and
2574 regional vocational-technical schools for the development of
2575 educational programs in emerging and interdisciplinary technology
2576 fields and to address related issues.

2577 (b) There is established a Council of Advisors on Strategies for the


2578 Knowledge Economy to promote the formation of university-industry
2579 partnerships, identify benchmarks for technology-based workforce
2580 innovation and competitiveness and advise the award process (1) for
2581 innovation challenge grants to public postsecondary schools and their
2582 business partners, and (2) grants under section 4-124hh. The council
2583 shall be chaired by the [director of the Office of Workforce
2584 Competitiveness] Commissioner of Economic and Community
2585 Development and shall include the Secretary of the Office of Policy
2586 and Management, the [Commissioners of Economic and Community
2587 Development and] Commissioner of Higher Education, the Labor
2588 Commissioner, the executive directors of Connecticut Innovations,
2589 Incorporated and the Connecticut Development Authority and four
2590 representatives from the technology industry, one of whom shall be
2591 appointed by the president pro tempore of the Senate, one of whom
2592 shall be appointed by the speaker of the House of Representatives, one

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2593 of whom shall be appointed by the minority leader of the Senate and
2594 one of whom shall be appointed by the minority leader of the House of
2595 Representatives.

2596 Sec. 85. Section 4-124gg of the general statutes is repealed and the
2597 following is substituted in lieu thereof (Effective July 1, 2011):

2598 Not later than October 1, [2005] 2012, the Labor Commissioner, with
2599 the assistance of the Office of Workforce Competitiveness [,] and in
2600 consultation with the superintendent of the regional vocational-
2601 technical school system, shall create an integrated system of state-wide
2602 industry advisory committees for each career cluster offered as part of
2603 the regional vocational-technical school and regional community-
2604 technical college systems. Said committees shall include industry
2605 representatives of the specific career cluster. Each committee for a
2606 career cluster shall, with support from the [Office of Workforce
2607 Competitiveness] Labor Department, regional vocational-technical and
2608 regional community-technical college systems and the Department of
2609 Education, establish specific skills standards, corresponding
2610 curriculum and a career ladder for the cluster which shall be
2611 implemented as part of the schools' core curriculum.

2612 Sec. 86. Section 4-124hh of the general statutes is repealed and the
2613 following is substituted in lieu thereof (Effective July 1, 2011):

2614 (a) The [Office of Workforce Competitiveness] Department of


2615 Economic and Community Development shall, within available
2616 appropriations, establish a grant program to provide a flexible source
2617 of funding for the creation and generation of talent in institutions of
2618 higher education and, with appropriate connections to vocational-
2619 technical schools and other secondary schools, for student outreach
2620 and development. Grants pursuant to this subsection shall be awarded
2621 to institutions of higher education and may be used to:

2622 (1) Upgrade instructional laboratories to meet specific industry-


2623 standard laboratory and instrumentation skill requirements;

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2624 (2) Develop new curriculum and certificate and degree programs at
2625 the associate, bachelor's, master's and doctorate levels, tied to industry
2626 identified needs;

2627 (3) Develop seamlessly articulated career development programs in


2628 workforce shortage areas forecasted pursuant to subdivision (10) of
2629 subsection (b) of section 4-124w, as amended by this act, in
2630 collaboration with vocational-technical schools and other secondary
2631 schools and institutions of higher education;

2632 (4) Support undergraduate and graduate student research projects


2633 and experimental learning activities; and

2634 (5) Establish a nanotechnology post-secondary education program


2635 and clearinghouse for curriculum development, scholarships and
2636 student outreach.

2637 (b) The [Office of Workforce Competitiveness] Department of


2638 Economic and Community Development shall, within available
2639 appropriations, establish a grant program to provide funding for the
2640 advancement of research capabilities and research opportunities.
2641 Grants pursuant to this subsection shall be awarded to institutions of
2642 higher education and technology focused organizations and may be
2643 used to:

2644 (1) Recruit eminent faculty in basic and applied research;

2645 (2) Leverage federal funding for research centers;

2646 (3) Provide pilot funding for faculty to develop initial research data
2647 for the development of larger grant funding proposals and to nonstate
2648 granting entities, such as federal agencies; and

2649 (4) Establish a Connecticut Nanotechnology Collaboration Initiative


2650 to foster industry-university relationships by providing:

2651 (A) Discovery grants, not to exceed fifty thousand dollars, to

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2652 support post-doctorate or graduate students working with industry on
2653 nanotechnology projects under the supervision of faculty members.
2654 Each discovery grant shall be matched with a direct or in-kind
2655 industry grant in the same amount;

2656 (B) Collaborative grants, not to exceed one hundred fifty thousand
2657 dollars, to support university research teams working with industry on
2658 collaborative research projects focused on specific application
2659 development. Each collaborative grant shall be matched with an
2660 industry grant in the same amount;

2661 (C) Prototype grants, not to exceed two hundred fifty thousand
2662 dollars, to enable universities and companies to demonstrate whether
2663 a prototype is manufacturable and functional and the cost effectiveness
2664 of nanotechnology-related applications. Each prototype grant shall be
2665 matched with an industry grant in an amount equal to two dollars for
2666 every one dollar of such prototype grant.

2667 (c) The [Office of Workforce Competitiveness] Department of


2668 Economic and Community Development shall, within available
2669 appropriations, establish a grant program to provide funding for the
2670 promotion of collaborative research applications between industry and
2671 institutions of higher education. Grants pursuant to this subsection
2672 shall be awarded to institutions of higher education, technology-
2673 focused organizations and business entities and may be used:

2674 (1) To improve technology infrastructure by advancing the


2675 development of shared use between institutions of higher education
2676 and business entities of laboratories and equipment, including, but not
2677 limited to, technology purchase, lease and installation, operating and
2678 necessary support personnel and maintenance;

2679 (2) As matching grants for joint projects between an industry, a


2680 technology-focused organization or a university. The [office]
2681 Department of Economic and Community Development shall structure
2682 the matching grants to provide two rounds of funding annually and

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2683 shall do outreach to companies. The matching grant part of the
2684 program shall include, but not be limited to, (A) one-to-one matching
2685 grants not to exceed one hundred thousand dollars, with in-kind
2686 match allowed for small and mid-sized companies, (B) involvement of
2687 a competitive process with outside reviewers using as key criteria (i)
2688 the demonstration of commercial relevance, and (ii) a clear path to the
2689 marketplace for any innovations developed in the course of the
2690 research, and (C) an aggressive marketing campaign through business
2691 organizations to raise industry awareness of resources from
2692 universities or technology-focused organizations; and

2693 (3) To develop a Connecticut Center for Nanoscale Sciences and


2694 Development to provide a shared-use laboratory in one or more sites
2695 in the state to advance university research, industry application
2696 development and education involving the synthesis, characterization
2697 and fabrication of nanoscale materials, intermediates and devices and
2698 related program activities. The [Office of Workforce Competitiveness]
2699 Department of Economic and Community Development shall conduct
2700 a feasibility study and business planning model leading to the
2701 establishment of such center, including strategies for securing
2702 investments from the federal government and private entities. On or
2703 before January 1, 2007, said [office] department shall submit the results
2704 of such study, in accordance with the provisions of section 11-4a, to the
2705 joint standing committees of the General Assembly having cognizance
2706 of matters relating to commerce and higher education and
2707 employment advancement.

2708 (d) The [Office of Workforce Competitiveness] Department of


2709 Economic and Community Development shall, within available
2710 appropriations, establish a grant program to provide funding for the
2711 promotion of commercialization of research done by institutions of
2712 higher education. Grants pursuant to this subsection shall be awarded
2713 to institutions of higher education and business entities and may be
2714 used:

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2715 (1) To provide funding to verify the technical and commercial
2716 feasibility of early stage discoveries by institutions of higher education
2717 that are disclosed or patented to accelerate and increase the likelihood
2718 that the technology will be successfully commercialized;

2719 (2) To provide matching support for smaller institutions of higher


2720 education to allow for contracts with independent technology transfer
2721 organizations to provide specific service to support specific needs; and

2722 (3) To provide specialized technical assistance to advance


2723 nanotechnology awards to Connecticut companies, including
2724 nanotechnology-related workshops and seminars, grant preparation
2725 assistance, marketing assistance, services related to matching grants
2726 and other technical assistance to assist companies with
2727 nanotechnology-related applications.

2728 Sec. 87. Section 4-124tt of the general statutes is repealed and the
2729 following is substituted in lieu thereof (Effective July 1, 2011):

2730 Within available appropriations, the Office of Workforce


2731 Competitiveness, [established pursuant to section 4-124w] within the
2732 Labor Department, may establish a pilot program to provide any
2733 eligible individual with a minor dependent access to training in order
2734 to obtain skills and credentials necessary to obtain and maintain
2735 employment. Such skills and credentials may include, but need not be
2736 limited to (1) a high school diploma or its equivalent; (2) an alternative
2737 degree; (3) English as a second language training; and (4) vocational
2738 training. For purposes of this section, an eligible individual is an
2739 individual who would qualify for benefits under the temporary
2740 assistance for needy families program pursuant to Title IV-A of the
2741 Social Security Act.

2742 Sec. 88. Section 4-124vv of the general statutes is repealed and the
2743 following is substituted in lieu thereof (Effective July 1, 2011):

2744 The Labor Department, working with its Office of Workforce

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2745 Competitiveness, shall, within available appropriations, fund
2746 Connecticut Career Choices.

2747 Sec. 89. Section 10-95h of the general statutes is repealed and the
2748 following is substituted in lieu thereof (Effective July 1, 2011):

2749 (a) Not later than November thirtieth each year, the joint standing
2750 committees of the General Assembly having cognizance of matters
2751 relating to education, higher education and employment advancement
2752 and labor shall meet with the superintendent of the regional
2753 vocational-technical school system, the [director of the Office of
2754 Workforce Competitiveness, the] Labor Commissioner and such other
2755 persons as they deem appropriate to consider the items submitted
2756 pursuant to subsection (b) of this section.

2757 (b) On or before November fifteenth, annually:

2758 (1) The [director of the Office of Workforce Competitiveness and


2759 the] Labor Commissioner shall [each] submit the following to the joint
2760 standing committees of the General Assembly having cognizance of
2761 matters relating to education, higher education and employment
2762 advancement and labor: (A) Information identifying general economic
2763 trends in the state; (B) occupational information regarding the public
2764 and private sectors, such as continuous data on occupational
2765 movements; and (C) information identifying emerging regional, state
2766 and national workforce needs over the next thirty years.

2767 (2) The superintendent of the vocational-technical school system


2768 shall submit the following to the joint standing committees of the
2769 General Assembly having cognizance of matters relating to education,
2770 higher education and employment advancement and labor: (A)
2771 Information ensuring that the curriculum of the regional vocational-
2772 technical school system is incorporating those workforce skills that will
2773 be needed for the next thirty years, as identified by [the director of the
2774 Office of Workforce Competitiveness and] the Labor Commissioner in
2775 subdivision (1) of this subsection, into the regional vocational-technical

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2776 schools; (B) information regarding the employment status of students
2777 who graduate from the regional vocational-technical school system;
2778 (C) an assessment of the adequacy of the resources available to the
2779 regional vocational-technical school system as the system develops
2780 and refines programs to meet existing and emerging workforce needs;
2781 and (D) recommendations to the State Board of Education to carry out
2782 the provisions of subparagraphs (A) to (C), inclusive, of this
2783 subdivision.

2784 Sec. 90. Subdivision (2) of subsection (a) of section 10a-11b of the
2785 general statutes is repealed and the following is substituted in lieu
2786 thereof (Effective July 1, 2011):

2787 (2) The following persons shall serve as ex-officio nonvoting


2788 members on the commission: (A) The Commissioners of Higher
2789 Education, Education and Economic and Community Development,
2790 and the Labor Commissioner, or their designees; (B) the chairpersons
2791 of the boards of trustees and the chief executive officers of each
2792 constituent unit of the state system of higher education, or their
2793 designees; (C) the chairperson of the board and president of the
2794 Connecticut Conference of Independent Colleges, or their designees;
2795 (D) [the director of the Office of Workforce Competitiveness, or the
2796 director's designee; (E)] the chairpersons and ranking members of the
2797 joint standing committee of the General Assembly having cognizance
2798 of matters relating to higher education and employment advancement;
2799 and [(F)] (E) the Secretary of the Office of Policy and Management, or
2800 the secretary's designee.

2801 Sec. 91. Subsection (b) of section 10a-19d of the general statutes is
2802 repealed and the following is substituted in lieu thereof (Effective July
2803 1, 2011):

2804 (b) The Commissioner of Higher Education, in consultation with the


2805 Labor Department's Office of Workforce Competitiveness, the
2806 Department of Education, the Department of Social Services, Charter
2807 Oak State College, early childhood education faculty at two and four-

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2808 year public and independent institutions of higher education, early
2809 childhood education professional associations, early childhood
2810 education advocates and practitioners, and persons knowledgeable in
2811 the area of career development and programs in early childhood care
2812 and education, shall define the preservice and minimum training
2813 requirements and competencies for persons involved in early
2814 childhood education, from birth to five years of age, including
2815 requirements for individual levels of early childhood credentialing and
2816 licensing.

2817 Sec. 92. Section 31-3h of the general statutes is repealed and the
2818 following is substituted in lieu thereof (Effective July 1, 2011):

2819 (a) There is created, within the [Office of Workforce


2820 Competitiveness established under section 4-124w] Labor Department,
2821 the Connecticut Employment and Training Commission.

2822 (b) The duties and responsibilities of the commission shall include:

2823 (1) Carrying out the duties and responsibilities of a state job training
2824 coordinating council pursuant to the federal Job Training Partnership
2825 Act, 29 USC 1532, as amended, a state human resource investment
2826 council pursuant to 29 USC 1501 et seq., as amended, and such other
2827 related entities as the Governor may direct;

2828 (2) Reviewing all employment and training programs in the state to
2829 determine their success in leading to and obtaining the goal of
2830 economic self-sufficiency and to determine if such programs are
2831 serving the needs of Connecticut's workers, employers and economy;

2832 (3) Developing a plan for the coordination of all employment and
2833 training programs in the state to avoid duplication and to promote the
2834 delivery of comprehensive, individualized employment and training
2835 services. The plan shall contain the commission's recommendations for
2836 policies and procedures to enhance the coordination and collaboration
2837 of all such programs and shall be submitted on June 1, 2000, and

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2838 annually thereafter, to the Governor for the Governor's approval;

2839 (4) Reviewing and commenting on all employment and training


2840 programs enacted by the General Assembly;

2841 (5) Implementing the federal Workforce Investment Act of 1998, P.L.
2842 105-220, as from time to time amended. Such implementation shall
2843 include (A) developing, in consultation with the regional workforce
2844 development boards, a single Connecticut workforce development
2845 plan that (i) complies with the provisions of said act and section 31-
2846 11p, and (ii) includes comprehensive state performance measures for
2847 workforce development activities specified in Title I of the federal
2848 Workforce Investment Act of 1998, P.L. 105-220, as from time to time
2849 amended, which performance measures comply with the requirements
2850 of 20 CFR Part 666.100, (B) preparing and submitting a report on the
2851 state's progress in achieving such performance measures to the
2852 Governor and the General Assembly annually on January thirty-first,
2853 (C) making recommendations to the General Assembly concerning the
2854 allocation of funds received by the state under said act and making
2855 recommendations to the regional workforce development boards
2856 concerning the use of formulas in allocating such funds to adult
2857 employment and job training activities and youth activities, as
2858 specified in said act, (D) providing oversight and coordination of the
2859 state-wide employment statistics system required by said act, (E) as
2860 appropriate, recommending to the Governor that the Governor apply
2861 for workforce flexibility plans and waiver authority under said act,
2862 after consultation with the regional workforce development boards, (F)
2863 developing performance criteria for regional workforce development
2864 boards to utilize in creating a list of eligible providers, and (G) on or
2865 before December 31, 1999, developing a uniform individual training
2866 accounts voucher system that shall be used by the regional workforce
2867 development boards to pay for training of eligible workers by eligible
2868 providers, as required under said act;

2869 (6) Developing and overseeing a plan for the continuous

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2870 improvement of the regional workforce development boards
2871 established pursuant to section 31-3k, as amended by this act;

2872 (7) Developing incumbent worker, and vocational and manpower


2873 training programs, including customized job training programs to
2874 enhance the productivity of Connecticut businesses and to increase the
2875 skills and earnings of underemployed and at-risk workers, and other
2876 programs administered by the regional workforce development
2877 boards. The Labor Department, in collaboration with the regional
2878 workforce development boards, shall implement any incumbent
2879 worker and customized job training programs developed by the
2880 commission pursuant to this subdivision; and

2881 (8) Developing a strategy for providing comprehensive services to


2882 eligible youths, which strategy shall include developing youth
2883 preapprentice and apprentice programs through, but not limited to,
2884 regional vocational-technical schools, and improving linkages between
2885 academic and occupational learning and other youth development
2886 activities.

2887 (c) On January 31, 2000, and annually thereafter, the Connecticut
2888 Employment and Training Commission shall submit to the Governor
2889 and the joint standing committees of the General Assembly having
2890 cognizance of matters relating to appropriations, education, labor and
2891 social services a report on the progress made by the commission in
2892 carrying out its duties and responsibilities during the preceding year
2893 and the commission's goals and objectives for the current year.

2894 Sec. 93. Subsection (d) of section 31-3k of the general statutes is
2895 repealed and the following is substituted in lieu thereof (Effective July
2896 1, 2011):

2897 (d) On October 1, 2002, and annually thereafter, each board shall
2898 submit to the [Office of Workforce Competitiveness] Labor
2899 Department comprehensive performance measures detailing the
2900 results of any education, employment or job training program or

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2901 activity funded by moneys allocated to the board, including, but not
2902 limited to, programs and activities specified in the federal Workforce
2903 Investment Act of 1998, P.L. 105-220, as from time to time amended.
2904 Such performance measures shall include, but shall not be limited to,
2905 the identity and performance of any vendor that enters into a contract
2906 with the board to conduct, manage or assist with such programs or
2907 activities, the costs associated with such programs or activities, the
2908 number, gender and race of persons served by such programs or
2909 activities, the number, gender and race of persons completing such
2910 programs or activities, occupational skill types, the number, gender
2911 and race of persons who enter unsubsidized employment upon
2912 completion of such programs or activities, the number, gender and
2913 race of persons who remain in unsubsidized employment six months
2914 later and the earnings received by such persons.

2915 Sec. 94. Section 31-11cc of the general statutes is repealed and the
2916 following is substituted in lieu thereof (Effective July 1, 2011):

2917 (a) The [Office of Workforce Competitiveness] Labor Commissioner,


2918 with the assistance of its Office of Workforce Competitiveness, shall
2919 establish the Adult Literacy Leadership Board as a standing committee
2920 of the Connecticut Employment and Training Commission to review
2921 and advise the commission on workforce investment and adult literacy
2922 programs and services. The board shall consist of seven voting
2923 members and ten ex-officio nonvoting members.

2924 (1) The voting members shall include one member who [;] (A)
2925 directs a community literacy program; (B) directs a regional literacy
2926 program; (C) represents a public library; (D) directs a literacy outcome
2927 study from a private university; (E) directs a literacy outcome study
2928 from a public university; (F) represents an adult literacy advocacy
2929 group; and (G) has experience in research, planning and evaluation in
2930 literacy. The Governor shall appoint the chairperson, who shall be a
2931 voting member and described in this subdivision. Following the
2932 appointment of the chairperson, such chairperson, in consultation with

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2933 the [director of the Office of Workforce Competitiveness] Labor
2934 Commissioner, shall appoint the remaining six voting members as
2935 described in this subdivision.

2936 (2) The ex-officio nonvoting members shall consist of the following
2937 members, or their designees: The Commissioners of Correction,
2938 Education, [Higher Education,] Economic and Community
2939 Development and Social Services, the president of the Board of
2940 Regents for Higher Education, the Labor Commissioner, [the director
2941 of the Office of Workforce Competitiveness,] the Secretary of the Office
2942 of Policy and Management [, the chancellor of the regional
2943 community-technical colleges] and the State Librarian.

2944 (3) The voting members shall serve for a term of four years.

2945 (b) The chairperson of the board may create positions that the board
2946 deems necessary and may fill such positions from among its members.
2947 The powers of the board shall be vested in and exercised by not less
2948 than four members of the board. Four members of the board shall
2949 constitute a quorum.

2950 (c) The [Office of Workforce Competitiveness] Labor Department


2951 may solicit and receive funds on behalf of the board and the
2952 commission from any public or private sources to carry out its
2953 activities.

2954 (d) The board shall terminate as a standing committee of the


2955 commission on July 1, 2012.

2956 Sec. 95. Section 31-11dd of the general statutes is repealed and the
2957 following is substituted in lieu thereof (Effective July 1, 2011):

2958 (a) The Adult Literacy Leadership Board shall:

2959 (1) Create vision and mission statements by January 1, 2009;

2960 (2) Develop and update a three-year strategic plan, in accordance

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2961 with section 31-11ee;

2962 (3) Report recommendations annually through the commission to


2963 the Governor and General Assembly, in accordance with subsection (c)
2964 of this section, for sources and levels of funding to meet the goals and
2965 objectives outlined in the strategic plan under section 31-11ee;

2966 (4) Establish results-based accountability measures for the adult


2967 literacy system and use them to track progress toward the goals and
2968 objectives outlined in the strategic plan;

2969 (5) With state-agency partners, develop and maintain an online


2970 centralized inventory of all adult literacy programs and services
2971 offered in the state that includes a description of the type of service,
2972 the time and place it is offered and any eligibility requirements or fees;

2973 (6) Establish standards for adult literacy service providers,


2974 including requirements for waiting lists;

2975 (7) Require each adult literacy service provider in the state to
2976 maintain a waiting list and report the information to the board, in
2977 accordance with standards the board establishes;

2978 (8) Promote coordination and collaboration of delivery of adult


2979 literacy programs and services through regionalized service delivery
2980 and community partnerships;

2981 (9) Prepare information on the status of adult literacy in this state
2982 for inclusion in the commission's annual report card, in accordance
2983 with subsection (d) of this section and section 31-3bb; and

2984 (10) Pilot the best practices which are identified through the
2985 research and analysis of adult literacy programs state-wide.

2986 (b) The [Office of Workforce Competitiveness] Labor Department, in


2987 accordance with subsection (c) of section 4-124w, as amended by this
2988 act, may request other state agencies, including, but not limited to, the

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2989 Departments of Education, Higher Education, Economic and
2990 Community Development and Social Services, [the Labor
2991 Department,] and the Board of Trustees of the Community-Technical
2992 Colleges to provide information, reports and other assistance to the
2993 board in carrying out its duties, pursuant to subsection (a) of this
2994 section and sections 31-11cc and 31-11ee, and to the Connecticut
2995 Employment and Training Commission in carrying out its duties
2996 pursuant to subsection (d) of this section.

2997 (c) On or before January 1, 2009, and annually thereafter, the


2998 Connecticut Employment and Training Commission shall report, in
2999 accordance with section 11-4a, to the Governor and to the joint
3000 standing committees of the General Assembly having cognizance of
3001 matters relating to the judiciary, education, higher education,
3002 economic and community development, labor and human services on
3003 (1) the board's progress in developing and implementing the strategic
3004 plan, (2) the board's recommendations for sources and levels of
3005 funding to meet the goals outlined in the strategic plan, and (3) the
3006 adult literacy section of the commission's annual report card prepared
3007 pursuant to subdivision (9) of subsection (a) of this section.

3008 (d) The Connecticut Employment and Training Commission's


3009 annual report card, prepared pursuant to subdivision (9) of subsection
3010 (a) of this section and section 31-3bb, shall provide information on the
3011 status of adult literacy in the state. The commission's annual report
3012 card shall identify each major component of the adult literacy system,
3013 including, but not limited to, adult education, family literacy and
3014 workplace literacy, and provide for each component: (1) The number
3015 and demographics of persons served, (2) a description of sources of
3016 funding, and (3) performance measures for adult literacy services.

3017 Sec. 96. Subsection (a) of section 32-1o of the general statutes is
3018 repealed and the following is substituted in lieu thereof (Effective July
3019 1, 2011):

3020 (a) On or before July 1, 2009, and every five years thereafter, the

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3021 Commissioner of Economic and Community Development, within
3022 available appropriations, shall prepare an economic strategic plan for
3023 the state in consultation with the Secretary of the Office of Policy and
3024 Management, the Commissioners of Environmental Protection and
3025 Transportation, the Labor Commissioner, the chairperson of the
3026 Culture and Tourism Advisory Committee, the executive directors of
3027 the Connecticut Housing Finance Authority, the Connecticut
3028 Development Authority, Connecticut Innovations, Incorporated, [the
3029 Commission on Culture and Tourism] and the Connecticut Health and
3030 Educational Facilities Authority, [and the president of the Office of
3031 Workforce Competitiveness,] or their respective designees, and any
3032 other agencies the Commissioner of Economic and Community
3033 Development deems appropriate.

3034 Sec. 97. Section 4-124uu of the general statutes is repealed and the
3035 following is substituted in lieu thereof (Effective July 1, 2011):

3036 (a) The Office of Workforce Competitiveness, [in consultation] in


3037 conjunction with the Labor Commissioner [,] and in consultation with
3038 the Commissioners of Education and Economic and Community
3039 Development, [and the Connecticut Commission on Culture and
3040 Tourism,] shall establish a program that is designed to develop a
3041 trained workforce for the film industry in the state. Such program shall
3042 have three components: (1) An unpaid intern training program for
3043 high school and college students; (2) a production assistant training
3044 program open to any state resident; and (3) a workforce training
3045 program that would include classroom training, on-set training and a
3046 mentor program.

3047 (b) Not later than ninety days after July 1, [2007] 2012, the Office of
3048 Workforce Competitiveness, with the approval of the Labor
3049 Commissioner, shall establish written participation guidelines for the
3050 program authorized under this section.

3051 (c) Not later than January 1, [2008] 2012, and annually thereafter, the
3052 Office of Workforce Competitiveness shall submit a status report, in

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3053 accordance with the provisions of section 11-4a, on the establishment
3054 and operation of the program authorized under this section to the
3055 Labor Commissioner, the Connecticut Employment and Training
3056 Commission, the joint standing committees of the General Assembly
3057 having cognizance of matters relating to commerce, and higher
3058 education and employment advancement.

3059 Sec. 98. Section 10-392 of the general statutes is repealed and the
3060 following is substituted in lieu thereof (Effective July 1, 2011):

3061 (a) The General Assembly finds and declares that culture, history,
3062 the arts and the digital media and motion picture and tourism
3063 industries contribute significant value to the vitality, quality of life and
3064 economic health of Connecticut. [and therefore there is established the
3065 Connecticut Commission on Culture and Tourism.] The Connecticut
3066 Humanities Council and the Connecticut Trust for Historic
3067 Preservation shall operate in conjunction with the [commission]
3068 Department of Economic and Community Development for purposes
3069 of joint strategic planning, annual reporting on appropriations and
3070 fiscal reporting. The [purpose of the commission] department shall [be
3071 to] enhance and promote culture, history, the arts and the tourism and
3072 digital media and motion picture industries in Connecticut.

3073 (b) The [commission] department shall:

3074 (1) Market and promote Connecticut as a destination for leisure and
3075 business travelers through the development and implementation of a
3076 strategic state-wide marketing plan and provision of visitor services to
3077 enhance the economic impact of the tourism industry;

3078 (2) Promote the arts;

3079 (3) Recognize, protect, preserve and promote historic resources;

3080 (4) Interpret and present Connecticut's history and culture;

3081 (5) Promote Connecticut as a location in which to produce digital

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3082 media and motion pictures and to establish and conduct business
3083 related to the digital media and motion picture industries to enhance
3084 these industries' economic impact in the state;

3085 [(6) Beginning with the fiscal year ending June 30, 2006, and each
3086 fiscal year thereafter, prepare and submit to the Office of Policy and
3087 Management, in accordance with sections 4-77 and 4-77a, budget
3088 expenditure estimates and recommended adjustments for the next
3089 succeeding fiscal year or years and a detailed accounting of
3090 expenditures for the prior fiscal year, a copy of which shall be
3091 submitted to the General Assembly, in accordance with the provisions
3092 of section 11-4a;]

3093 [(7)] (6) Establish a uniform financial reporting system and forms to
3094 be used by each regional tourism district, established under section 10-
3095 397, as amended by this act, in the preparation of the annual budget
3096 submitted to the General Assembly;

3097 [(8)] (7) Integrate funding and programs whenever possible; and

3098 [(9)] (8) On or before January 1, [2005] 2012, and biennially


3099 thereafter, develop and submit to the Governor and the General
3100 Assembly, in accordance with section 11-4a, a strategic plan to
3101 implement subdivisions (1) to (5), inclusive, of this subsection.

3102 (c) Any proposals for projects [under the jurisdiction of the
3103 commission and projects] proposed by the Connecticut Humanities
3104 Council that require funding through the issuance of bonds by the
3105 State Bond Commission, in accordance with sections 13b-74 to 13b-77,
3106 inclusive, shall be submitted to the [Connecticut Commission on
3107 Culture and Tourism] Department of Economic and Community
3108 Development. The [commission] department shall review such
3109 proposals and submit any project that it believes has merit to the joint
3110 standing committee of the General Assembly having cognizance of
3111 matters relating to finance, revenue and bonding with the
3112 [commission's] department's recommendation for funding.

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3113 (d) The [Connecticut Commission on Culture and Tourism]
3114 Department of Economic and Community Development shall be a
3115 successor agency to the Connecticut Commission on Culture and
3116 Tourism, State Commission on the Arts, the Connecticut Historical
3117 Commission, the Office of Tourism, the Connecticut Tourism Council,
3118 the Connecticut Film, Video and Media Commission and the
3119 Connecticut Film, Video and Media Office in accordance with the
3120 provisions of sections 4-38d and 4-39.

3121 (e) Wherever the words "State Commission on the Arts",


3122 "Connecticut Historical Commission", "Office of Tourism",
3123 "Connecticut Film, Video and Media Office" and "Connecticut
3124 Commission on Arts, Tourism, Culture, History and Film" are used in
3125 the following sections of the general statutes, or in any public or
3126 special act of the 2003 or 2004 session the words "Connecticut
3127 Commission on Culture and Tourism" shall be substituted in lieu
3128 thereof: 3-110f, as amended by this act, 3-110h, as amended by this act,
3129 3-110i, as amended by this act, 4-9a, as amended by this act, 4b-53, as
3130 amended by this act, 4b-60, as amended by this act, 4b-64, as amended
3131 by this act, 4b-66a, as amended by this act, 7-147a, as amended by this
3132 act, 7-147b, as amended by this act, 7-147c, as amended by this act, 7-
3133 147j, as amended by this act, 7-147p, as amended by this act, 7-147q, as
3134 amended by this act, 7-147y, as amended by this act, 8-2j, 10-382, as
3135 amended by this act, 10-384, as amended by this act, 10-385, as
3136 amended by this act, 10-386, as amended by this act, 10-387, as
3137 amended by this act, 10-388, as amended by this act, 10-389, as
3138 amended by this act, 10-391, as amended by this act, 10a-111a, as
3139 amended by this act, 10a-112, as amended by this act, 10a-112b, as
3140 amended by this act, 10a-112g, as amended by this act, 11-6a, as
3141 amended by this act, 12-376d, as amended by this act, 13a-252, as
3142 amended by this act, 19a-315b, as amended by this act, 19a-315c, as
3143 amended by this act, 22a-1d, as amended by this act, 22a-19b, as
3144 amended by this act, 25-102qq, as amended by this act, 25-109q, as
3145 amended by this act, 29-259, as amended by this act, and 32-6a, as
3146 amended by this act.

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3147 (f) The Legislative Commissioners' Office shall, in codifying the
3148 provisions of this section, make such technical, grammatical and
3149 punctuation changes as are necessary to carry out the purposes of this
3150 section.

3151 Sec. 99. Section 10-393 of the general statutes is repealed and the
3152 following is substituted in lieu thereof (Effective July 1, 2011):

3153 (a) [The Connecticut Commission on Culture and Tourism] There


3154 shall be a Culture and Tourism Advisory Committee which shall
3155 consist of twenty-eight voting [commissioners] members and
3156 nonvoting ex-officio members. Such ex-officio members shall be the
3157 executive directors of the Connecticut Trust for Historic Preservation
3158 and the Connecticut Humanities Council, the State Poet Laureate, the
3159 State Historian and the State Archaeologist. The State Poet Laureate,
3160 the State Historian and the State Archaeologist shall serve as
3161 [commissioners] members without being appointed and without
3162 receiving compensation for such service. The remaining twenty-three
3163 [commissioners] members shall be appointed as follows:

3164 (1) The Governor shall appoint seven [commissioners] members: (A)
3165 One [commissioner] member shall be an individual with knowledge of
3166 and experience in the tourism industry from within the state; (B) three
3167 [commissioners] members shall be individuals with knowledge of or
3168 experience or interest in history or humanities; (C) one [commissioner]
3169 member shall be an individual with knowledge of or experience or
3170 interest in the arts; and (D) two [commissioners] members shall be
3171 selected at large.

3172 (2) The speaker of the House of Representatives shall appoint three
3173 [commissioners] members: (A) One [commissioner] member shall be
3174 an individual with knowledge of and experience in the tourism
3175 industry from the western regional tourism district, established under
3176 section 10-397, as amended by this act; (B) one [commissioner] member
3177 shall be an individual with knowledge of or experience or interest in
3178 history or humanities; and (C) one [commissioner] member shall be an

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3179 individual with knowledge of or experience or interest in the arts.

3180 (3) The president pro tempore of the Senate shall appoint three
3181 [commissioners] members: (A) One [commissioner] member shall be
3182 an individual with knowledge of and experience in the tourism
3183 industry from the central regional tourism district, established under
3184 section 10-397, as amended by this act; (B) one [commissioner] member
3185 shall be an individual with knowledge of or experience or interest in
3186 history or humanities; and (C) one [commissioner] member shall be an
3187 individual with knowledge of or experience or interest in the arts.

3188 (4) The majority leader of the House of Representatives shall


3189 appoint two [commissioners] members: (A) One [commissioner]
3190 member shall be an individual with knowledge of and experience in
3191 the tourism industry from the central regional tourism district,
3192 established under section 10-397, as amended by this act; and (B) one
3193 [commissioner] member shall be an individual with knowledge of or
3194 experience or interest in the arts.

3195 (5) The majority leader of the Senate shall appoint two
3196 [commissioners] members: (A) One [commissioner] member shall be
3197 an individual with knowledge of and experience in the tourism
3198 industry from the eastern regional tourism district; and (B) one
3199 [commissioner] member shall be an individual with knowledge of or
3200 experience or interest in the arts.

3201 (6) The minority leader of the House of Representatives shall


3202 appoint three [commissioners] members: (A) One [commissioner]
3203 member shall be an individual with knowledge of and experience in
3204 the tourism industry from within the state; (B) one [commissioner]
3205 member shall be an individual with knowledge of or experience or
3206 interest in history or humanities; and (C) one [commissioner] member
3207 shall be an individual with knowledge of or experience or interest in
3208 the arts.

3209 (7) The minority leader of the Senate shall appoint three

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3210 [commissioners] members: (A) One [commissioner] member shall be
3211 an individual with knowledge of and experience in the tourism
3212 industry from the western regional tourism district, established under
3213 section 10-397, as amended by this act; (B) one [commissioner] member
3214 shall be an individual with knowledge of or experience or interest in
3215 history or humanities; (C) one [commissioner] member shall be an
3216 individual with knowledge of or experience or interest in the arts.

3217 (b) Each [commissioner] member shall serve a term that is


3218 coterminous with such [commissioner's] member's appointing
3219 authority.

3220 (c) [The commission shall have an executive director, appointed by


3221 the Governor in accordance with the provisions of chapter 46, who
3222 shall administer the commission in accordance with subsection (e) of
3223 this section.] The voting [commissioners] members shall elect annually:
3224 A [commissioner] member from among the voting [commissioners]
3225 members to serve as chairperson of the [commission,] advisory
3226 committee and one [commissioner] member as vice-chairperson. [, and
3227 other commissioners as officers. Such commissioners shall establish
3228 bylaws as necessary for the operation of the commission.]
3229 [Commissioners] Members shall receive no compensation for the
3230 performance of their duties, but may be reimbursed for their necessary
3231 expenses incurred in the performance of their duties. The
3232 [commission] advisory committee shall meet at least once during each
3233 calendar quarter and at such other times as the chairperson deems
3234 necessary or upon the request of [a majority of commissioners in
3235 office] the commissioner.

3236 (d) Thirteen voting [commissioners] members of the board shall


3237 constitute a quorum and the affirmative vote of a majority of the
3238 voting [commissioners] members present at a meeting of the
3239 [commission] advisory committee shall be sufficient for any action
3240 taken by the [commission] advisory committee. [No vacancy of a
3241 commissioner shall impair the right of a quorum to exercise all the

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3242 rights and perform all the duties of the commission.] Any [action
3243 taken] recommendations by the [commission] advisory committee may
3244 be authorized by resolution at any regular or special meeting and shall
3245 take effect immediately unless otherwise provided in the resolution.

3246 (e) The [executive director of the commission] Commissioner of


3247 Economic and Community Development shall [administer] provide
3248 administrative assistance to the [commission] advisory committee. [,
3249 subject to the supervision of the commissioners.] The [executive
3250 director] commissioner shall have the authority to: [administer all laws
3251 under the jurisdiction of the commission and the power and authority
3252 to: Coordinate and direct the operation of the commission; establish]
3253 Establish rules for the internal operation of the [commission] advisory
3254 committee; contract for facilities, services and programs to implement
3255 the purposes of the commission established by law; and enter into
3256 agreements for funding from private sources, including corporate
3257 donations and other commercial sponsorships. The [executive director]
3258 commissioner is authorized to do all things necessary to apply for,
3259 qualify for and accept any funds made available under any federal act
3260 for the purposes established under section 10-392, as amended by this
3261 act. All funds received under this subsection shall be deposited into
3262 the [Connecticut Commission on Culture and Tourism] culture and
3263 tourism account within the department, established under section 10-
3264 395, as amended by this act. The [executive director] commissioner
3265 may enter into contracts with the federal government concerning the
3266 use of such funds.

3267 Sec. 100. Section 10-394 of the general statutes is repealed and the
3268 following is substituted in lieu thereof (Effective July 1, 2011):

3269 (a) On or before June first of each year, each regional tourism
3270 district established under section 10-397, as amended by this act, shall
3271 prepare a proposed budget for the next succeeding fiscal year
3272 beginning July first to carry out its statutory duties. After approval by
3273 said tourism district's board of directors, and no later than June first of

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3274 each year, the tourism district shall submit the proposed budget to the
3275 [executive director of the Commission on Culture and Tourism]
3276 Commissioner of Economic and Community Development for review,
3277 comments and recommendations by the [commission] department
3278 concerning the proposed expenditures. On and after December 31,
3279 [2010] 2011, and annually thereafter, the [commission] department
3280 shall review, in consultation with the tourism district, the proposed
3281 budget no later than June thirtieth, and approve or disapprove the
3282 budget. If the [commission] department disapproves any annual
3283 budget, the [commission] department shall adopt an interim budget
3284 and such interim budget shall take effect at the commencement of the
3285 fiscal year and shall remain in effect until the tourism district submits
3286 and the [commission] department approves a modified budget. The
3287 tourism district shall, on or before March 15, [2011] 2012, and annually
3288 thereafter, submit a copy of the budget to the joint standing
3289 committees of the General Assembly having cognizance of matters
3290 relating to appropriations, finance, revenue and bonding and
3291 commerce and the Office of Policy and Management, including an
3292 explanation detailing the proposed expenditures for the tourism
3293 district for the succeeding fiscal year. No funds shall be expended on
3294 or after [December 31, 2010] July 1, 2011, by the tourism district
3295 without prior approval of the budget or adoption of an interim budget
3296 by the [Commission on Culture and Tourism] Department of
3297 Economic and Community Development.

3298 (b) On and after December 31, 2010, each regional tourism district
3299 shall ensure that no more than twenty per cent of the total annual
3300 grant amount received by the district is used for administrative costs.
3301 The [executive director, with the approval of the commissioners,]
3302 Commissioner of Economic and Community Development shall
3303 develop guidelines concerning administrative costs for tourism
3304 districts.

3305 Sec. 101. Section 10-396 of the general statutes is repealed and the
3306 following is substituted in lieu thereof (Effective July 1, 2011):

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3307 With respect to tourism activities, the [Connecticut Commission on
3308 Culture and Tourism] Department of Economic and Community
3309 Development shall:

3310 (1) Develop, annually update and implement a strategic marketing


3311 plan for the national and international promotion of Connecticut as a
3312 tourism destination;

3313 (2) Develop a Connecticut strategic plan for new tourism products
3314 and attractions;

3315 (3) Provide marketing and other assistance to the tourism industry;

3316 (4) Ensure cooperation among the regional tourism districts;

3317 (5) Maintain, operate and manage the visitor welcome centers in the
3318 state;

3319 (6) Develop and administer a program of challenge grants to


3320 encourage innovation and job development, provide incentives for
3321 coordinated activity consistent with the strategic marketing plan and
3322 stimulate the development of private funds for tourism promotion;
3323 and

3324 (7) Subject to available funds, assist municipalities to accommodate


3325 tourist attractions within such municipalities or within neighboring or
3326 adjoining municipalities.

3327 Sec. 102. Section 10-397 of the general statutes is repealed and the
3328 following is substituted in lieu thereof (Effective July 1, 2011):

3329 (a) There are established three regional tourism districts, each of
3330 which shall promote and market districts as regional leisure and
3331 business traveler destinations to stimulate economic growth. The
3332 districts shall be as follows:

3333 (1) The eastern regional district, which shall consist of Ashford,
3334 Bozrah, Brooklyn, Canterbury, Chaplin, Colchester, Columbia,

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3335 Coventry, East Lyme, Eastford, Franklin, Griswold, Groton, Hampton,
3336 Killingly, Lebanon, Ledyard, Lisbon, Lyme, Mansfield, Montville, New
3337 London, North Stonington, Norwich, Old Lyme, Plainfield, Pomfret,
3338 Preston, Putnam, Salem, Scotland, Sprague, Sterling, Stonington,
3339 Thompson, Union, Voluntown, Waterford, Willington, Windham and
3340 Woodstock;

3341 (2) The central regional district, which shall consist of Andover,
3342 Avon, Berlin, Bethany, Bloomfield, Bolton, Branford, Canton, Cheshire,
3343 Chester, Clinton, Cromwell, Deep River, Durham, East Granby, East
3344 Haddam, East Hampton, East Hartford, East Haven, East Windsor,
3345 Ellington, Enfield, Essex, Farmington, Glastonbury, Granby, Guilford,
3346 Haddam, Hamden, Hartford, Hebron, Killingworth, Madison,
3347 Manchester, Marlborough, Meriden, Middlefield, Middletown,
3348 Milford, New Britain, New Haven, Newington, North Branford, North
3349 Haven, Old Saybrook, Orange, Plainville, Portland, Rocky Hill,
3350 Simsbury, Somers, South Windsor, Southington, Stafford, Suffield,
3351 Tolland, Vernon, Wallingford, West Hartford, West Haven,
3352 Westbrook, Wethersfield, Windsor, Windsor Locks and Woodbridge;
3353 and

3354 (3) The western regional district, which shall consist of Ansonia,
3355 Barkhamsted, Beacon Falls, Bethel, Bethlehem, Bridgeport,
3356 Bridgewater, Bristol, Brookfield, Burlington, Canaan, Colebrook,
3357 Cornwall, Danbury, Darien, Derby, Easton, Fairfield, Goshen,
3358 Greenwich, Hartland, Harwinton, Kent, Litchfield, Middlebury,
3359 Monroe, Morris, Naugatuck, New Fairfield, New Hartford, New
3360 Milford, New Canaan, Newtown, Norfolk, North Canaan, Norwalk,
3361 Oxford, Plymouth, Prospect, Redding, Ridgefield, Roxbury, Salisbury,
3362 Seymour, Sharon, Shelton, Sherman, Southbury, Stamford, Stratford,
3363 Thomaston, Torrington, Trumbull, Warren, Washington, Waterbury,
3364 Watertown, Weston, Westport, Wilton, Winchester, Wolcott and
3365 Woodbury.

3366 (b) Each regional tourism district shall be overseen by a board of

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Bill No. 6651
3367 directors consisting of one representative from each municipality
3368 within the district, appointed by the legislative body of the
3369 municipality and, where the legislative body is a town meeting, by the
3370 board of selectmen. Any such member of a board of directors shall
3371 serve for a term of three years. In addition, the board of directors may
3372 appoint up to twenty-one persons representing tourism interests
3373 within the district to serve on the board. No board member shall be
3374 deemed a state employee for serving on said board. All appointments
3375 to the board of directors shall be reported to the [executive director of
3376 the Connecticut Commission on Culture and Tourism] Commissioner
3377 of Economic and Community Development.

3378 (c) The provisions of the Freedom of Information Act, as defined in


3379 section 1-200, shall apply to each regional tourism district.

3380 (d) [Not later than February 1, 2010, the commission shall assist the
3381 central and western regional tourism districts in establishing a
3382 committee to draft a charter and bylaws for each district and to
3383 organize the initial meeting of the board of directors of each district, to
3384 be held no later than February 15, 2010.] Each tourism district shall
3385 adopt a charter and bylaws governing its operation.

3386 (e) Each regional tourism district shall (1) comply with uniform
3387 standards for accounting and reporting expenditures that are
3388 established by the [commission] department in accordance with
3389 section 10-392, as amended by this act, and are based on industry
3390 accounting standards developed by the International Association of
3391 Convention and Visitor Bureaus or other national organizations
3392 related to tourism, and (2) on or before January first of each year,
3393 submit to the [commission] department, the Office of Policy and
3394 Management and the Office of Fiscal Analysis an independent audit in
3395 accordance with the provisions of sections 4-230 to 4-236, inclusive.

3396 (f) Each regional tourism district shall solicit and may accept private
3397 funds for the promotion of tourism within its towns and cities and
3398 shall coordinate its activities with any private nonprofit tourist

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Bill No. 6651
3399 association within the district and within this state, that promotes
3400 tourism industry businesses in this state, in order to foster cooperation
3401 in the promotion of such businesses. Any funds received by a regional
3402 tourism district may be deposited in the account established in section
3403 10-395, as amended by this act, or in an account established by such
3404 tourism district to receive such funds.

3405 (g) The central regional district office shall be located within the
3406 [Hartford offices of the commission] department.

3407 (h) The commissioner shall, within available appropriations,


3408 distribute tourism funding evenly among the three tourism districts.

3409 Sec. 103. Section 10-397a of the general statutes is repealed and the
3410 following is substituted in lieu thereof (Effective July 1, 2011):

3411 (a) As used in this section:

3412 (1) ["Commission" means the Connecticut Commission on Culture


3413 and Tourism created by section 10-392] "Department" means the
3414 Department of Economic and Community Development;

3415 (2) ["Executive director" means the executive director of the


3416 Connecticut Commission on Culture and Tourism appointed pursuant
3417 to section 10-393] "Commissioner" means the Commissioner of
3418 Economic and Community Development;

3419 (3) "Former tourism district" means the tourism districts, as defined
3420 in section 32-302 of the general statutes, revision of 1958, revised to
3421 January 1, 2003; and

3422 (4) "Regional tourism district" means one of the [five] three regional
3423 tourism districts created by section 10-397, as amended by this act.

3424 (b) Any former tourism district having a cash surplus, after
3425 accounting for all liabilities, may distribute such surplus to the
3426 regional tourism district or districts serving the towns formerly served

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Bill No. 6651
3427 by such district. Any distribution shall be divided among the new
3428 district or districts in accordance with the following schedule:

T1 Former District New District(s)


T2
T3 Northeastern Eastern (100%)
T4 Southeastern Eastern (100%)
T5 North Central Central (100%)
T6 Greater Hartford Central (95%)
T7 Western (5%)
T8 Central Connecticut Central (100%)
T9 Connecticut Valley Central (100%)
T10 Greater New Haven Central (67%)
T11 Western (33%)
T12 Litchfield Hills Western (100%)
T13 Housatonic Valley Western (100%)
T14 Greater Waterbury Western (100%)
T15 Greater Fairfield Western (100%)

3429 (c) Any former tourism district may, with the approval of the
3430 [executive director] commissioner, transfer noncash assets, including
3431 fixed assets and leases, to a regional tourism district or districts serving
3432 the towns formerly served by such district.

3433 (d) Any regional tourism district may, by vote of its board of
3434 directors and with the approval of the [commission] department,
3435 assume the liabilities of a former tourism district that served all or part
3436 of the area served by the new district. No such assumption shall be
3437 approved unless (1) the regional district's approved budget makes
3438 provision for the costs arising from the assumption of liability; and (2)
3439 the [commission] department finds that the proposed assumption of
3440 liability is fair and equitable.

3441 Sec. 104. Section 10-399 of the general statutes is repealed and the
3442 following is substituted in lieu thereof (Effective July 1, 2011):

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3443 (a) As used in this section: "Visitor welcome center" means the
3444 welcome centers, visitor centers and tourist information centers
3445 located in West Willington, Greenwich, Danbury, Darien, North
3446 Stonington and Westbrook, which have been established to distribute
3447 information to persons traveling in the state for the purpose of
3448 influencing such persons' level of satisfaction with the state and
3449 expenditures in the state and their planning for present and future
3450 trips to the state.

3451 (b) The following measures shall be implemented to enhance the


3452 operation of visitor welcome centers:

3453 (1) Each center shall make available space for listing events and
3454 promoting attractions, by invitation to the Connecticut tourism
3455 industry, including tourism districts, chambers of commerce and any
3456 other tourism entities involved in Connecticut tourism promotion;

3457 (2) The [Commission on Culture and Tourism, established under


3458 section 10-392] Department of Economic and Community
3459 Development, in consultation with the Department of Transportation,
3460 shall develop plans for (A) consistent signage for the visitor welcome
3461 centers, and (B) highway signage regulations for privately operated
3462 centers;

3463 (3) The Department of Transportation and the [commission]


3464 Department of Economic and Community Development shall establish
3465 an "Adopt A Visitor Welcome Center" program, under which local
3466 civic organizations may provide maintenance, gardening, including
3467 wildflowers, and complimentary refreshments or any other type of
3468 service at a visitor welcome center to enhance the operation of the
3469 center;

3470 (4) The [commission] Department of Economic and Community


3471 Development shall place a full-time year-round supervisor and a part-
3472 time assistant supervisor at the Danbury, Darien, North Stonington
3473 and West Willington centers. The responsibilities of each supervisor

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3474 shall include, but not be limited to: (A) Maintaining a sufficient
3475 inventory of up-to-date brochures for dissemination to visitors, (B)
3476 scheduling staff so as to assure coverage at all times, (C) training staff,
3477 (D) compiling and maintaining statistics on center usage, (E) serving as
3478 liaison between the [commission] department, the Department of
3479 Transportation, the tourism district in which the center is located and
3480 businesses in such district, (F) maintaining quality tourism services,
3481 (G) rotating displays, (H) evaluating staff, (I) problem-solving, and (J)
3482 computing travel reimbursements for volunteer staff;

3483 (5) Subject to available funds, the [commission] Department of


3484 Economic and Community Development shall place a seasonal full-
3485 time supervisor and a seasonal part-time assistant supervisor at the
3486 Greenwich and Westbrook centers. The [commission] department shall
3487 discontinue staffing at the Middletown, Plainfield and Wallingford
3488 centers, and shall, in conjunction with the tourism industry, seek
3489 contract workers to provide tourism services at the Westbrook center
3490 when not staffed by the state;

3491 (6) Subject to available funds, the [commission] Department of


3492 Economic and Community Development, in conjunction with the
3493 tourism industry, shall develop and implement initial staff training
3494 and conduct periodic training of full-time and part-time supervisors.

3495 Sec. 105. Section 10-400 of the general statutes is repealed and the
3496 following is substituted in lieu thereof (Effective July 1, 2011):

3497 With respect to arts activities, the [Connecticut Commission on


3498 Culture and Tourism, established under section 10-392,] Department of
3499 Economic and Community Development shall encourage, within the
3500 state or in association with other states, or both, participation in, and
3501 promotion, development, acceptance and appreciation of, artistic and
3502 cultural activities that shall include, but are not limited to, music,
3503 theater, dance, painting, sculpture, architecture, literature, films and
3504 allied arts and crafts and to this end shall have the following powers:
3505 (1) To join or contract with consultants, private patrons, individual

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Bill No. 6651
3506 artists and ensembles and with institutions, local sponsoring
3507 organizations and professional organizations; (2) to enter into contracts
3508 to provide grants, loans or advances to individuals, organizations, or
3509 institutions, public or private, that are engaged in or plan to engage in
3510 artistic and cultural programs or activities within the state, or that are
3511 engaged in or plan to engage in the promotion, development, or
3512 encouragement of artistic and cultural programs or activities within
3513 the state; (3) to accept, hold and administer, on behalf of the
3514 [commission] department, in accordance with the provisions of
3515 sections 4-28, 4-31, 4-31a and 4b-22, real property, personal property,
3516 securities, other choses in action and moneys, or any interest therein,
3517 and income therefrom, either absolutely or in trust, for any purpose of
3518 the [commission] department. The [commission] department may
3519 acquire or receive such property or money for its purposes by the
3520 acceptance of state or federal or public or private loans, contributions,
3521 gifts, grants, donations, bequests or devises, and the [commission]
3522 department shall deposit or credit the same in the [Connecticut
3523 Commission on Culture and Tourism] culture and tourism account
3524 established under section 10-395, as amended by this act; (4) to
3525 establish a nonprofit foundation for the purpose of raising funds from
3526 private sources to encourage, within the state or in association with
3527 other states, or both, participation in, and promotion, development,
3528 acceptance and appreciation of, artistic and cultural activities that shall
3529 include, but are not limited to, music, theater, dance, painting,
3530 sculpture, architecture, literature, films, heritage, historic preservation,
3531 humanities and allied arts and crafts. All funds received by the
3532 foundation shall be held in the manner prescribed by sections 4-37e to
3533 4-37j, inclusive; and (5) to perform such other acts as may be necessary
3534 or appropriate to carry out the objectives and purposes of the
3535 [commission] department. The General Assembly declares that all
3536 activities undertaken in carrying out the policies set forth in this
3537 chapter shall be directed toward encouraging and assisting, rather
3538 than in any way limiting, the freedom of artistic expression that is
3539 essential for the well-being of the arts. Said [commission] department

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Bill No. 6651
3540 shall maintain a survey of public and private facilities engaged within
3541 the state in artistic and cultural activities and determine the needs of
3542 the citizens of this state and the methods by which existing resources
3543 may be utilized, or new resources developed, to fulfill these needs. The
3544 [commission] department shall maintain a register of Connecticut
3545 artists. The name, town of residence and artistic medium of any such
3546 artist residing in Connecticut shall be entered in the register by the
3547 [commission] department upon the artist's request.

3548 Sec. 106. Section 10-401 of the general statutes is repealed and the
3549 following is substituted in lieu thereof (Effective July 1, 2011):

3550 The [Connecticut Commission on Culture and Tourism, established


3551 under section 10-392,] Department of Economic and Community
3552 Development shall establish and administer a "special incentive grant
3553 program" to provide financial assistance for artistic and cultural
3554 programs and activities pursuant to subdivision (2) of section 10-400,
3555 as amended by this act. No state funds appropriated to the
3556 [commission] department for the purposes of said program shall be
3557 disbursed unless one-third of the amount of such financial assistance
3558 consists of nonfederal funds raised and received by said [commission]
3559 department.

3560 Sec. 107. Section 10-402 of the general statutes is repealed and the
3561 following is substituted in lieu thereof (Effective July 1, 2011):

3562 (a) For purposes of this section the following terms have the
3563 following meanings:

3564 (1) "Work of art" means any work of visual art, including but not
3565 limited to, a drawing, painting, sculpture, mosaic, photograph, work of
3566 calligraphy or work of graphic art or mixed media;

3567 (2) "Connecticut artists" means artists born in Connecticut, artists


3568 who have worked in or received a portion of their training in
3569 Connecticut, or artists living in Connecticut at the time of the purchase

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Bill No. 6651
3570 of their works of art.

3571 (b) The [Connecticut Commission on Culture and Tourism,


3572 established under section 10-392,] Department of Economic and
3573 Community Development may establish and administer a state art
3574 collection.

3575 (c) The [Connecticut Commission on Culture and Tourism,


3576 established under section 10-392,] Department of Economic and
3577 Community Development shall establish policies and procedures with
3578 respect to the activities of the art collection and perform every other
3579 matter and thing requisite to the proper management, maintenance,
3580 support and control of the Connecticut art collection.

3581 (d) The art collection shall be representative of various media,


3582 diverse styles and periods of Connecticut artists and shall be
3583 representative of Connecticut's ethnic, racial and cultural groups.

3584 (e) The [Connecticut Commission on Culture and Tourism,


3585 established under section 10-392,] Department of Economic and
3586 Community Development may apply for and receive aid or grants
3587 from individuals, private artists, state sources, private foundations,
3588 local arts organizations and the federal government for the state art
3589 collection.

3590 Sec. 108. Section 10-403 of the general statutes is repealed and the
3591 following is substituted in lieu thereof (Effective July 1, 2011):

3592 The [Connecticut Commission on Culture and Tourism, established


3593 under section 10-392,] Department of Economic and Community
3594 Development is designated as the state agency for the reception and
3595 disbursement of federal, state and private moneys or other property
3596 made available on or after July 1, 1965, for the purpose of fostering the
3597 arts within the authority of the [commission] department, in
3598 accordance with the standard state fiscal procedures.

3599 Sec. 109. Section 10-404 of the general statutes is repealed and the

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3600 following is substituted in lieu thereof (Effective July 1, 2011):

3601 Any person otherwise qualifying for a loan or grant made by the
3602 [Connecticut Commission on Culture and Tourism, established under
3603 section 10-392,] Department of Economic and Community
3604 Development pursuant to this chapter shall not be disqualified by
3605 reason of being under the age of eighteen years and for the purpose of
3606 applying for, receiving and repaying such a loan, or entering into a
3607 contract concerning such loan or grant, any such person shall be
3608 deemed to have full legal capacity to act and shall have all the rights,
3609 powers, privileges and obligations of a person of full age, with respect
3610 thereto.

3611 Sec. 110. Section 10-405 of the general statutes is repealed and the
3612 following is substituted in lieu thereof (Effective July 1, 2011):

3613 For purposes of this section and sections 10-406 to 10-408, inclusive,
3614 as amended by this act:

3615 (1) "Arts organization" means a nonprofit organization in the state


3616 which is exempt from taxation pursuant to Section 501(c)(3) of the
3617 Internal Revenue Code of 1986, as from time to time amended, the
3618 primary purpose of which is to create, perform, present or otherwise
3619 promote the visual, performing or literary arts in the state, but shall
3620 not mean an organization, the primary purpose of which is
3621 instructional, or an organization, the primary purpose of which is to
3622 receive contributions for and provide funding to arts organizations;

3623 (2) ["Commission" means the Connecticut Commission on Culture


3624 and Tourism, established under section 10-392] "Department" means
3625 the Department of Economic and Community Development;

3626 (3) "Contribution" means cash, negotiable securities or other gifts of


3627 similar liquidity;

3628 (4) "Donor" means a private organization, the primary purpose of


3629 which is to receive contributions for and provide funding to arts

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3630 organizations, a private foundation or private corporation,
3631 partnership, single proprietorship or association or person making a
3632 contribution to an arts organization;

3633 (5) "Fiscal year" means a period of twelve calendar months as


3634 determined by the arts organization's bylaws.

3635 Sec. 111. Section 10-406 of the general statutes is repealed and the
3636 following is substituted in lieu thereof (Effective July 1, 2011):

3637 There is created a "Connecticut Arts Endowment Fund". The


3638 proceeds of any bonds issued for the purposes of sections 10-405 to 10-
3639 408, inclusive, as amended by this act, shall be deposited in said fund.
3640 The State Treasurer shall invest the proceeds of the fund and the
3641 investment earnings shall be credited to and become part of the fund.
3642 Annually, on or before September first, the Treasurer shall notify the
3643 [commission] department of the total amount of investment earnings
3644 of the fund for the prior fiscal year and such amount shall be available
3645 to the [commission] department for payments pursuant to sections 10-
3646 407 and 10-408, as amended by this act. Any balance remaining in the
3647 fund at the end of each fiscal year shall be carried forward in the fund
3648 for the succeeding fiscal year.

3649 Sec. 112. Section 10-408 of the general statutes is repealed and the
3650 following is substituted in lieu thereof (Effective July 1, 2011):

3651 Annually, on or before December fifteenth, an arts organization may


3652 apply to the [commission] department for a state matching grant,
3653 provided the organization includes in its application a copy of its
3654 Internal Revenue Service return of organization exempt from income
3655 tax form, or any replacement form adopted by the Internal Revenue
3656 Service, showing the total amount of contributions received from
3657 donors for the arts organization's two most recently completed fiscal
3658 years. On or before the January fifteenth next following, the
3659 [commission] department shall certify to the Treasurer an amount
3660 equal to the total matching grants as calculated pursuant to section 10-

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3661 407. Thereafter, the Treasurer shall make available such amount to the
3662 [commission] department and the [commission] department shall, on
3663 or before April fifteenth, pay to each arts organization a grant as
3664 calculated pursuant to said section 10-407.

3665 Sec. 113. Section 10-409 of the general statutes is repealed and the
3666 following is substituted in lieu thereof (Effective July 1, 2011):

3667 (a) With respect to historical preservation, there is established


3668 within the [Connecticut Commission on Culture and Tourism,
3669 established under section 10-392, an] Department of Economic and
3670 Community Development a Historic Preservation Council. The
3671 Historic Preservation Council shall consist of twelve members to be
3672 appointed by the Governor. On or before January fifth in the even-
3673 numbered years, the Governor shall appoint six members for terms of
3674 four years each to replace those whose terms expire. One of such
3675 members shall be the State Historian and one shall be the State
3676 Archaeologist. Members shall be appointed in accordance with the
3677 provisions of section 4-9a, as amended by this act. No member shall
3678 serve for more than two consecutive full terms. Any member who fails
3679 to attend three consecutive meetings or who fails to attend fifty per
3680 cent of all meetings held during any calendar year shall be deemed to
3681 have resigned from office. The Governor shall biennially designate one
3682 member of the council to be chairperson. The Governor shall fill any
3683 vacancy for any unexpired portion of the term and may remove any
3684 member as provided by section 4-12. No compensation shall be
3685 received by the members of the council but they shall be reimbursed
3686 for their necessary expenses. The [Connecticut Commission on Culture
3687 and Tourism] Department of Economic and Community Development
3688 may, with the advice of the Historic Preservation Council, (1) study
3689 and investigate historic structures and landmarks in this state and
3690 encourage and recommend the development, preservation and
3691 marking of such historic structures and landmarks found to have
3692 educational, recreational and historical significance; (2) prepare, adopt
3693 and maintain standards for a state register of historic places; (3) update

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3694 and keep current the state historic preservation plan; (4) administer the
3695 National Register of Historic Places Program; (5) assist owners of
3696 historic structures in seeking federal or other aid for historic
3697 preservation and related purposes; (6) recommend to the General
3698 Assembly the placing and maintaining of suitable markers, memorials
3699 or monuments or other edifices to designate historic structures and
3700 landmarks found to have historical significance; (7) make
3701 recommendations to the General Assembly regarding the development
3702 and preservation of historic structures and landmarks owned by the
3703 state; (8) maintain a program of historical, architectural, and
3704 archaeological research and development including surveys,
3705 excavation, scientific recording, interpretation and publication of the
3706 historical, architectural, archaeological and cultural resources of the
3707 state; (9) cooperate with promotional, patriotic, educational and
3708 research groups and associations, with local, state and national
3709 historical societies, associations and commissions, with agencies of the
3710 state and its political subdivisions and with the federal government, in
3711 promoting and publicizing the historical heritage of Connecticut; (10)
3712 formulate standards and criteria to guide the several municipalities in
3713 the evaluation, delineation and establishment of historic districts; (11)
3714 cooperate with the State Building Inspector, the Codes and Standards
3715 Committee and other building officials and render advisory opinions
3716 and prepare documentation regarding the application of the State
3717 Building Code to historic structures and landmarks if requested by
3718 owners of historic structures and landmarks, the State Building
3719 Inspector, the Codes and Standards Committee or other building
3720 officials; (12) review planned state and federal actions to determine
3721 their impact on historic structures and landmarks; (13) operate the
3722 Henry Whitfield House of Guilford, otherwise known as the Old Stone
3723 House, as a state historical museum and, in its discretion, charge a fee
3724 for admission to said museum and account for and deposit the same as
3725 provided in section 4-32; (14) provide technical and financial assistance
3726 to carry out the purposes of this section and sections 10-410 to 10-416,
3727 inclusive, as amended by this act; (15) adopt regulations in accordance

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3728 with the provisions of chapter 54 for the preservation of sacred sites
3729 and archaeological sites; and (16) inventory state lands to identify
3730 sacred sites and archaeological sites. The [commission] department
3731 shall study the feasibility of establishing a state museum of
3732 Connecticut history at an appropriate existing facility. The Historic
3733 Preservation Council shall (A) review and approve or disapprove
3734 requests by owners of historic properties on which the [commission]
3735 department holds preservation easements to perform rehabilitation
3736 work on sacred sites and archaeological sites; (B) request the assistance
3737 of the Attorney General to prevent the unreasonable destruction of
3738 historic properties pursuant to the provisions of section 22a-19a; and
3739 (C) place and maintain suitable markers, memorials or monuments to
3740 designate sites or places found to have historic significance. The
3741 council shall meet monthly. The Connecticut Trust for Historic
3742 Preservation may provide technical assistance to the council.

3743 (b) Notwithstanding the provisions of this section or section 1-210,


3744 the [Connecticut Commission on Culture and Tourism] Department of
3745 Economic and Community Development may withhold from
3746 disclosure to the public information relating to the location of
3747 archaeological sites under consideration for listing by the
3748 [commission] department or those listed on the National Register of
3749 Historic Places or the state register of historic places whenever the
3750 [commission] department determines that disclosure of specific
3751 information would create a risk of destruction or harm to such sites.
3752 The provisions of this subsection shall not apply to any such site unless
3753 the person who reported or discovered such site has submitted a
3754 written statement to the [commission] department requesting that no
3755 disclosure be made. Upon receipt of such statement, the [commission]
3756 department may withhold such information from disclosure until the
3757 July first next succeeding such receipt. Such person may request that a
3758 period of nondisclosure be extended by submitting such statements
3759 prior to July first of any year.

3760 (c) The Historic Preservation Council of the [Connecticut

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3761 Commission on Culture and Tourism] Department of Economic and
3762 Community Development shall develop a model ballot form to be
3763 mailed by clerks of municipalities on the question of creation of
3764 historic districts or districts as provided for in section 7-147a to 7-147k,
3765 inclusive, as amended by this act.

3766 Sec. 114. Section 10-410 of the general statutes is repealed and the
3767 following is substituted in lieu thereof (Effective July 1, 2011):

3768 For the purposes of sections 10-409 to 10-415, inclusive, as amended


3769 by this act, ["commission" means the Connecticut Commission on
3770 Culture and Tourism established under section 10-392] "department"
3771 means the Department of Economic and Community Development;
3772 "municipality" shall include any town, city or borough; "private
3773 organization" means a nonprofit organization which has the power to
3774 acquire, relocate, restore and maintain historic structures and
3775 landmarks in the state of Connecticut; "historic district" means an area
3776 in a municipality established under section 7-147a, as amended by this
3777 act, or by special act; "historic structures and landmarks" means any
3778 building, structure, object or site that is significant in American history,
3779 architecture, archaeology and culture or property used in connection
3780 therewith including sacred sites and archaeological sites; "historic
3781 preservation" means research, protection, restoration, stabilization and
3782 adaptive use of buildings, structures, objects, districts, areas and sites
3783 significant in the history, architecture, archaeology or culture of this
3784 state, its municipalities or the nation; and "state register of historic
3785 places" means the [commission's] department's itemized list locating
3786 and classifying historic structures and landmarks throughout the state,
3787 as discovered in the commission's field survey of 1966-1967 and as
3788 subsequently augmented.

3789 Sec. 115. Section 10-411 of the general statutes is repealed and the
3790 following is substituted in lieu thereof (Effective July 1, 2011):

3791 (a) Any municipality or private organization may acquire, relocate,


3792 restore, preserve and maintain historic structures and landmarks and

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3793 may receive funds from the state and federal governments for such
3794 purposes. Grants-in-aid may be made to owners of historic structures
3795 or landmarks in an amount not to exceed fifty per cent of the
3796 nonfederal share of the total cost of such acquisition, relocation,
3797 historic preservation and restoration. Grants-in-aid shall be made
3798 through an assistance agreement signed by the owner. Subsequent to
3799 the execution of any such assistance agreement, advances of funds
3800 may be made by the [commission] department to the owner of such an
3801 historic structure or landmark.

3802 (b) Before executing any such assistance agreement under sections
3803 10-410 to 10-415, inclusive, as amended by this act, the [commission]
3804 department shall require that (1) the owner has developed a
3805 comprehensive historic preservation plan, approved by the
3806 [commission] department, together with specific work plans and
3807 specifications; (2) the owner provides payment and performance bonds
3808 to assure the completion of the preservation work in an authentic
3809 manner satisfactory to the [commission] department; (3) the owner has
3810 filed with the [town clerk in the municipality in which the property is
3811 located] department a declaration of covenant guaranteeing the
3812 preservation of the historical or architectural qualities of the property
3813 in perpetuity or for a period approved by the [commission]
3814 department; (4) the owner receiving funds for the purposes of said
3815 sections plans to and can demonstrate an ability to maintain and
3816 operate properly the historic structure or landmark for an indefinite
3817 period of time and that such owner will open it to the public at
3818 reasonable times, free of charge or subject to a reasonable charge as
3819 approved by the [commission] department; (5) the owner maintains
3820 sufficient casualty and liability insurance to render the state harmless
3821 in any action arising from the acquisition, relocation, restoration or
3822 operation of properties under said sections; and (6) if such historic
3823 structure or landmark lies within the boundaries of any historic
3824 district, the proposed acquisition, relocation, preservation and
3825 restoration has been approved by the local historic district
3826 [commission] department. Prior to the issuance of payment to the

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Bill No. 6651
3827 owner or any such assistance agreement, the owner shall file with the
3828 town clerk in the municipality in which the property is located, the
3829 declaration of covenant referenced in subdivision (3) of this subsection.
3830 Such assistance agreement may require that if the owner receiving
3831 funds under said sections fails to operate or maintain properly the
3832 historic structure or landmark, title to such property may be acquired
3833 by the [commission] department upon payment to such municipality
3834 or private organization of a sum equal to the amount provided by such
3835 municipality or private organization in accordance with such
3836 assistance agreement.

3837 (c) Federal grants-in-aid shall be administered by the [commission]


3838 department in accordance with all federal requirements.

3839 (d) The [commission] department shall adopt regulations pursuant


3840 to chapter 54 for its guidance before making such grants-in-aid or
3841 advances. Such regulations shall, among other things, require that the
3842 [commission] department determine that the historic structure or
3843 landmark to be acquired, relocated or restored is an authentic historic
3844 structure or landmark as identified in the state register of historic
3845 places.

3846 Sec. 116. Section 10-412 of the general statutes is repealed and the
3847 following is substituted in lieu thereof (Effective July 1, 2011):

3848 (a) The [commission] department may provide an appropriate


3849 plaque or marker at a cost, to be determined by the [commission]
3850 department, to the recipient for attachment to an historic structure or
3851 landmark identifying it as a Connecticut historical landmark within
3852 the criteria adopted by the [commission] department and as identified
3853 through the state register of historic places, if the owner agrees to
3854 display such plaque or marker in a manner satisfactory to the
3855 [commission] department. Any such plaque or marker may be
3856 repossessed by the [commission] department if the historic structure or
3857 landmark is not maintained in a manner satisfactory to the
3858 [commission] department.

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Bill No. 6651
3859 (b) The [Connecticut Commission on Culture and Tourism,
3860 established under section 10-392] Department of Economic and
3861 Community Development, in consultation with the Amistad
3862 Committee, Inc., New Haven, shall establish a Freedom Trail and a
3863 program to recognize, document and mark sites in this state that are
3864 associated with the history and movement towards freedom of its
3865 African-American citizens, the Underground Railroad and the
3866 abolition of slavery. The [commission] department and the Amistad
3867 Committee, Incorporated, of New Haven shall designate and mark the
3868 sites of the Freedom Trail. The Amistad Committee, Inc., of New
3869 Haven shall be responsible for the coordination and organization of
3870 the "September Freedom Trail Month". The [commission] department
3871 shall establish a program to publicize the existence of the Freedom
3872 Trail and shall publish a brochure which indicates the location and
3873 history of the sites.

3874 Sec. 117. Section 10-413 of the general statutes is repealed and the
3875 following is substituted in lieu thereof (Effective July 1, 2011):

3876 The [commission] department may, using such funds as may be


3877 appropriated to it or available from any other source, acquire by gift,
3878 grant, bequest, devise, lease, purchase or otherwise historic structures
3879 or landmarks, including such adjacent land as may be necessary for the
3880 comfort and safety of the visiting public, which the [commission]
3881 department determines to be of national or state historical importance
3882 and to be of such concern to the public at large that they should be
3883 held forever in good condition for visitation by the public and for the
3884 protection of the heritages of the people of this state and nation. The
3885 [commission] department may restore, maintain and operate, or may
3886 lease to private organizations or municipalities for the purpose of
3887 restoring, maintaining and operating, such properties in such a
3888 condition as to render them suitable for public visitation and to inform
3889 the public of the historic event or circumstance connected therewith.
3890 The [commission] department may charge reasonable visitation or
3891 special event fees, and operate or contract for the operation of gift

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Bill No. 6651
3892 shops at such properties and use funds received to help defray the cost
3893 of maintenance and operation of such properties and to replenish
3894 stock. The [commission] department may cooperate with the
3895 Department of Environmental Protection and any other appropriate
3896 municipal, state or federal agency or private organization in carrying
3897 out functions under this section and may enter into agreements for
3898 such purposes.

3899 Sec. 118. Section 10-414 of the general statutes is repealed and the
3900 following is substituted in lieu thereof (Effective July 1, 2011):

3901 The [commission] department may place and maintain suitable


3902 markers, memorials or monuments to designate sites or places found
3903 to have historic significance.

3904 Sec. 119. Section 10-415 of the general statutes is repealed and the
3905 following is substituted in lieu thereof (Effective July 1, 2011):

3906 (a) In making any grants-in-aid or providing any plaques or


3907 markers or making any direct expenditures for purposes of acquisition,
3908 relocation, restoration, maintenance or operation under sections 10-410
3909 to 10-414, inclusive, as amended by this act, and this section the
3910 [commission] department shall utilize any programs of the federal
3911 government in concert with its actions so as to reduce the amount of
3912 state or local expenditures hereunder. The state, acting through the
3913 [commission] department, and any municipality may receive from the
3914 federal government any financial or technical assistance which may be
3915 available to it for the purpose of acquisition, historic preservation or
3916 operation of historic structures or landmarks and may also receive
3917 from any source gifts, devises, bequests or legacies.

3918 (b) The [commission] department may enter into and carry out
3919 contracts with the federal government or any agency thereof under
3920 which said government or agency grants financial or other assistance
3921 to the [commission] department to further the purposes of sections 10-
3922 409 to 10-416, inclusive, as amended by this act. The [commission]

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Bill No. 6651
3923 department may agree to and comply with any reasonable conditions
3924 not inconsistent with state law which are imposed on such grants. The
3925 [commission] department may further enter into and carry out
3926 contracts with municipalities or their agencies and with any private
3927 party to disburse federal funds to further the purpose of sections 10-
3928 409 to 10-416, inclusive, as amended by this act.

3929 Sec. 120. Section 10-416 of the general statutes is repealed and the
3930 following is substituted in lieu thereof (Effective July 1, 2011):

3931 (a) As used in this section, the following terms shall have the
3932 following meanings unless the context clearly indicates another
3933 meaning:

3934 (1) ["Commission"] "Officer" means the [Connecticut Commission


3935 on Culture and Tourism established under section 10-392] State
3936 Historic Preservation Officer designated pursuant to 36 CFR S. 61.2
3937 (1978);

3938 (2) "Historic home" means a building that: (A) Will contain one-to-
3939 four dwelling units of which at least one unit will be occupied as the
3940 principal residence of the owner for not less than five years following
3941 the completion of rehabilitation work, (B) is located in a targeted area,
3942 and (C) is (i) listed individually on the National or State Register of
3943 Historic Places, or (ii) located in a district listed on the National or
3944 State Register of Historic Places, and has been certified by the
3945 commission as contributing to the historic character of such district;

3946 (3) "Nonprofit corporation" means a nonprofit corporation


3947 incorporated pursuant to chapter 602 or any predecessor statutes
3948 thereto, having as one of its purposes the construction, rehabilitation,
3949 ownership or operation of housing and having articles of incorporation
3950 approved by the Commissioner of Economic and Community
3951 Development in accordance with regulations adopted pursuant to
3952 section 8-79a or 8-84;

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Bill No. 6651
3953 (4) "Owner" means any taxpayer filing a state of Connecticut tax
3954 return who possesses title to an historic home, or prospective title to an
3955 historic home in the form of a purchase agreement or option to
3956 purchase, or a nonprofit corporation that possesses such title or
3957 prospective title;

3958 (5) "Targeted area" means: (A) A federally designated "qualified


3959 census tract" in which seventy per cent or more of the families have a
3960 median income of eighty per cent or less of the state-wide median
3961 family income, (B) a state designated and federally approved area of
3962 chronic economic distress, or (C) an urban and regional center as
3963 identified in the Connecticut Conservation and Development Policies
3964 Plan;

3965 (6) "Qualified rehabilitation expenditures" means any costs incurred


3966 for the physical construction involved in the rehabilitation of an
3967 historic home, but excludes: (A) The owner's personal labor, (B) the
3968 cost of site improvements, unless to provide building access to persons
3969 with disabilities, (C) the cost of a new addition, except as may be
3970 required to comply with any provision of the State Building Code or
3971 the State Fire Safety Code, (D) any cost associated with the
3972 rehabilitation of an outbuilding, unless such building contributes to
3973 the historical significance of the historic home, and (E) any
3974 nonconstruction cost such as architectural fees, legal fees and financing
3975 fees;

3976 (7) "Rehabilitation plan" means any construction plans and


3977 specifications for the proposed rehabilitation of an historic home in
3978 sufficient detail to enable the commission to evaluate compliance with
3979 the standards developed under the provisions of subsections (b) to (d),
3980 inclusive, of this section; and

3981 (8) "Occupancy period" means a period of five years during which
3982 one or more owners occupy an historic home as their primary
3983 residence. The occupancy period begins on the date the tax credit
3984 voucher is issued by the [commission] Department of Economic and

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Bill No. 6651
3985 Community Development.

3986 (b) The [commission] Department of Economic and Community


3987 Development shall administer a system of tax credit vouchers within
3988 the resources, requirements and purposes of this section for owners
3989 rehabilitating historic homes or taxpayers making contributions to
3990 qualified rehabilitation expenditures. For tax years commencing on or
3991 after January 1, 2000, any owner shall be eligible for a tax credit
3992 voucher in an amount equal to thirty per cent of the qualified
3993 rehabilitation expenditures.

3994 (c) The [commission] officer shall develop standards for the
3995 approval of rehabilitation of historic homes for which a tax credit
3996 voucher is sought. Such standards shall take into account whether the
3997 rehabilitation of an historic home will preserve the historic character of
3998 the building.

3999 (d) The [commission shall] Department of Economic and


4000 Community Development may, in consultation with the
4001 Commissioner of Revenue Services, adopt regulations in accordance
4002 with chapter 54 to carry out the purposes of this section.

4003 (e) Prior to beginning any rehabilitation work on an historic home,


4004 the owner shall submit a rehabilitation plan to the [commission] officer
4005 for a determination of whether such rehabilitation work meets the
4006 standards developed under the provisions of subsections (b) to (d),
4007 inclusive, of this section and shall also submit to the [commission]
4008 department an estimate of the qualified rehabilitation expenditures.

4009 (f) If the [commission] officer certifies that the rehabilitation plan
4010 conforms to the standards developed under the provisions of
4011 subsections (b) to (d), inclusive, of this section, the [commission]
4012 department shall reserve for the benefit of the owner an allocation for a
4013 tax credit equivalent to thirty per cent of the projected qualified
4014 rehabilitation expenditures.

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Bill No. 6651
4015 (g) Following the completion of rehabilitation of an historic home,
4016 the owner shall notify the [commission] officer that such rehabilitation
4017 has been completed. The [owner] officer shall provide the commission
4018 with documentation of work performed on the historic home and shall
4019 certify the cost incurred in rehabilitating the home. The [commission]
4020 officer shall review such rehabilitation and verify its compliance with
4021 the rehabilitation plan. Following such verification, the [commission]
4022 Department of Economic and Community Development shall issue a
4023 tax credit voucher to either the owner rehabilitating the historic home
4024 or to the taxpayer named by the owner as contributing to the
4025 rehabilitation. The tax credit voucher shall be in an amount equivalent
4026 to the lesser of the tax credit reserved upon certification of the
4027 rehabilitation plan under the provisions of subsection (f) of this section
4028 or thirty per cent of the actual qualified rehabilitation expenditures. In
4029 order to obtain a credit against any state tax due that is specified in
4030 subsections (j) to (m), inclusive, of this section, the holder of the tax
4031 credit voucher shall file the voucher with the holder's state tax return.

4032 (h) Before the [commission] Department of Economic and


4033 Community Development issues a tax credit voucher, the owner shall
4034 deliver a signed statement to the [commission] department which
4035 provides that: (1) The owner shall occupy the historic home as the
4036 owner's primary residence during the occupancy period, or (2) the
4037 owner shall convey the historic home to a new owner who will occupy
4038 it as the new owner's primary residence during the occupancy period,
4039 or (3) an encumbrance shall be recorded, in favor of the local, state or
4040 federal government or other funding source, that will require the
4041 owner or the owner's successors to occupy the historic home as the
4042 primary residence of the owner or the owner's successors for a period
4043 equal to or longer than the occupancy period. A copy of any such
4044 encumbrance shall be attached to the signed statement.

4045 (i) The owner of an historic home shall not be eligible for a tax credit
4046 voucher under subsections (b) to (d), inclusive, of this section, unless
4047 the owner incurs qualified rehabilitation expenditures exceeding

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Bill No. 6651
4048 twenty-five thousand dollars.

4049 (j) The Commissioner of Revenue Services shall grant a tax credit to
4050 a taxpayer holding the tax credit voucher issued under subsections (e)
4051 to (i), inclusive, of this section against any tax due under chapter 207,
4052 208, 209, 210, 211 or 212 in the amount specified in the tax credit
4053 voucher. The [commission] Department of Economic and Community
4054 Development shall provide a copy of the voucher to the Commissioner
4055 of Revenue Services upon the request of said commissioner.

4056 (k) In no event shall a credit allowed under this section exceed thirty
4057 thousand dollars per dwelling unit for an historic home.

4058 (l) The tax credit issued under subsection (j) of this section shall be
4059 taken by the holder of the tax credit voucher in the same tax year in
4060 which the voucher is issued. Any unused portion of such credit may be
4061 carried forward to any or all of the four taxable years following the
4062 year in which the tax credit voucher is issued.

4063 (m) The aggregate amount of all tax credits which may be reserved
4064 by the [commission] Department of Economic and Community
4065 Development upon certification of rehabilitation plans under
4066 subsections (b) to (d), inclusive, of this section shall not exceed three
4067 million dollars in any one fiscal year.

4068 Sec. 121. Section 10-416a of the general statutes is repealed and the
4069 following is substituted in lieu thereof (Effective July 1, 2011, and
4070 applicable to income years commencing on or after January 1, 2011):

4071 (a) As used in this section, the following terms shall have the
4072 following meanings unless the context clearly indicates another
4073 meaning:

4074 (1) ["Commission"] "Officer" means the [Connecticut Commission


4075 on Culture and Tourism established pursuant to section 10-392] State
4076 Historic Preservation Officer designated pursuant to 36 CFR S. 61.2
4077 (1978);

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Bill No. 6651
4078 (2) "Certified historic structure" means an historic commercial, [or]
4079 industrial, institutional, former municipal, state or federal government
4080 property, cultural building, or residential property of more than four
4081 units that: (A) Is listed individually on the National or State Register of
4082 Historic Places, or (B) is located in a district listed on the National or
4083 State Register of Historic Places, and has been certified by the
4084 [commission] officer as contributing to the historic character of such
4085 district;

4086 (3) "Certified rehabilitation" means any rehabilitation of a certified


4087 historic structure for residential use consistent with the historic
4088 character of such property or the district in which the property is
4089 located as determined by regulations adopted by the [commission]
4090 Department of Economic and Community Development;

4091 (4) "Owner" means any person, firm, limited liability company,
4092 nonprofit or for-profit corporation or other business entity which
4093 possesses title to an historic structure and undertakes the rehabilitation
4094 of such structure;

4095 (5) "Placed in service" means that substantial rehabilitation work has
4096 been completed which would allow for issuance of a certificate of
4097 occupancy for the entire building or, in projects completed in phases,
4098 for individual residential units that are an identifiable portion of the
4099 building;

4100 (6) "Qualified rehabilitation expenditures" means any costs incurred


4101 for the physical construction involved in the rehabilitation of a
4102 certified historic structure for residential use, excluding: (A) The
4103 owner's personal labor, (B) the cost of a new addition, except as
4104 required to comply with any provision of the State Building Code or
4105 the State Fire Safety Code, and (C) any nonconstruction cost such as
4106 architectural fees, legal fees and financing fees;

4107 (7) "Rehabilitation plan" means any construction plans and


4108 specifications for the proposed rehabilitation of a certified historic

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4109 structure in sufficient detail for evaluation by compliance with the
4110 standards developed under the provisions of subsections (b) to (d),
4111 inclusive, of this section; and

4112 (8) "Substantial rehabilitation" or "substantially rehabilitate" means


4113 the qualified rehabilitation expenditures of a certified historic structure
4114 that exceed twenty-five per cent of the assessed value of such
4115 structure.

4116 (b) (1) The [commission] Department of Economic and Community


4117 Development shall administer a system of tax credit vouchers within
4118 the resources, requirements and purposes of this section for owners
4119 rehabilitating certified historic structures.

4120 (2) The credit authorized by this section shall be available in the tax
4121 year in which the substantially rehabilitated certified historic structure
4122 is placed in service. In the case of projects completed in phases, the tax
4123 credit shall be prorated to the substantially rehabilitated identifiable
4124 portion of the building placed in service. If the tax credit is more than
4125 the amount owed by the taxpayer for the year in which the
4126 substantially rehabilitated certified historic structure is placed in
4127 service, the amount that is more than the taxpayer's tax liability may be
4128 carried forward and credited against the taxes imposed for the
4129 succeeding five years or until the full credit is used, whichever occurs
4130 first.

4131 (3) Any credits allowed under this section that are provided to
4132 multiple owners of certified historic structures shall be passed through
4133 to persons designated as partners, members or owners, pro rata or
4134 pursuant to an agreement among such persons designated as partners,
4135 members or owners documenting an alternative distribution method
4136 without regard to other tax or economic attributes of such entity. Any
4137 owner entitled to a credit under this section may assign, transfer or
4138 convey the credits, in whole or in part, by sale or otherwise to any
4139 individual or entity and such transferee shall be entitled to offset the
4140 tax imposed under chapter 207, 208, 209, 210, 211 or 212 as if such

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4141 transferee had incurred the qualified rehabilitation expenditure.

4142 (c) The [commission] officer shall develop standards for the
4143 approval of rehabilitation of certified historic structures for which a tax
4144 credit voucher is sought. Such standards shall take into account
4145 whether the rehabilitation of a certified historic structure will preserve
4146 the historic character of the building.

4147 (d) The [commission shall] Department of Economic and


4148 Community Development may adopt regulations, in accordance with
4149 chapter 54, to carry out the purposes of this section. Such regulations
4150 shall include provisions for filing of applications, rating criteria and for
4151 timely approval by the [commission] department.

4152 (e) Prior to beginning any rehabilitation work on a certified historic


4153 structure, the owner shall submit (1) a rehabilitation plan to the
4154 [commission] officer for a determination of whether or not such
4155 rehabilitation work meets the standards developed under the
4156 provisions of subsections (b) to (d), inclusive, of this section, and (2) an
4157 estimate of the qualified rehabilitation expenditures. The provisions of
4158 this subsection shall not disqualify applications for tax credits for
4159 certified historic structures for which rehabilitation commenced but
4160 were not placed in service before July 1, 2006.

4161 (f) If the [commission] officer certifies that the rehabilitation plan
4162 conforms to the standards developed under the provisions of
4163 subsections (b) to (d), inclusive, of this section, the [commission]
4164 Department of Economic and Community Development shall reserve
4165 for the benefit of the owner an allocation for a tax credit equivalent to
4166 twenty-five per cent of the projected qualified rehabilitation
4167 expenditures, not exceeding two million seven hundred thousand
4168 dollars.

4169 (g) Following the completion of rehabilitation of a certified historic


4170 structure, the owner shall notify the [commission] officer that such
4171 rehabilitation has been completed. The owner shall provide the

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4172 [commission] officer with documentation of work performed on the
4173 certified historic structure and shall submit certification of the costs
4174 incurred in rehabilitating the certified historic structure. The
4175 [commission] officer shall review such rehabilitation and verify its
4176 compliance with the rehabilitation plan. Following such verification,
4177 the [commission] Department of Economic and Community
4178 Development shall issue a tax credit voucher to the owner
4179 rehabilitating the certified historic structure or to the taxpayer named
4180 by the owner as contributing to the rehabilitation. The tax credit
4181 voucher shall be in an amount equivalent to the lesser of the tax credit
4182 reserved upon certification of the rehabilitation plan under the
4183 provisions of subsection (f) of this section or twenty-five per cent of the
4184 actual qualified rehabilitation expenditures not exceeding two million
4185 seven hundred thousand dollars. In order to obtain a credit against
4186 any state tax due that is specified in subsections (h) to (j), inclusive, of
4187 this section, the holder of the tax credit voucher shall file the voucher
4188 with the holder's state tax return.

4189 (h) The Commissioner of Revenue Services shall grant a tax credit to
4190 a taxpayer holding the tax credit voucher issued under subsections (e)
4191 to (i), inclusive, of this section against any tax due under chapter 207,
4192 208, 209, 210, 211 or 212 in the amount specified in the tax credit
4193 voucher. Such taxpayer shall submit the voucher and the
4194 corresponding tax return to the Department of Revenue Services.

4195 (i) The aggregate amount of all tax credits which may be reserved
4196 by the [commission] Department of Economic and Community
4197 Development upon certification of rehabilitation plans under
4198 subsections (b) to (d), inclusive, of this section shall not exceed fifteen
4199 million dollars in any one fiscal year.

4200 (j) The [commission] Department of Economic and Community


4201 Development may charge an application fee in an amount not to
4202 exceed ten thousand dollars to cover the cost of administering the
4203 program established pursuant to this section.

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4204 Sec. 122. Section 10-416b of the general statutes is repealed and the
4205 following is substituted in lieu thereof (Effective July 1, 2011, and
4206 applicable to income years commencing on or after January 1, 2011):

4207 (a) As used in this section, the following terms shall have the
4208 following meanings unless the context clearly indicates another
4209 meaning:

4210 (1) ["Commission"] "Officer" means the [Connecticut Commission


4211 on Culture and Tourism established pursuant to section 10-392] State
4212 Historic Preservation Officer designated pursuant to 36 CFR S. 61.2
4213 (1978);

4214 (2) "Certified historic structure" means an historic commercial, [or]


4215 industrial, former municipal, state or federal government property,
4216 cultural building, institutional or mixed residential and nonresidential
4217 property that: (A) Is listed individually on the National or State
4218 Register of Historic Places, or (B) is located in a district listed on the
4219 National or State Register of Historic Places, and has been certified by
4220 the [commission] officer as contributing to the historic character of
4221 such district;

4222 (3) "Certified rehabilitation" means any rehabilitation of a certified


4223 historic structure for mixed residential and nonresidential uses or
4224 nonresidential use consistent with the historic character of such
4225 property or the district in which the property is located as determined
4226 by regulations adopted by the [commission] Department of Economic
4227 and Community Development;

4228 (4) "Owner" means any person, firm, limited liability company,
4229 nonprofit or for-profit corporation or other business entity or
4230 municipality which possesses title to an historic structure and
4231 undertakes the rehabilitation of such structure;

4232 (5) "Placed in service" means that substantial rehabilitation work has
4233 been completed which would allow for issuance of a certificate of

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Bill No. 6651
4234 occupancy for the entire building or, in projects completed in phases,
4235 for an identifiable portion of the building;

4236 (6) "Qualified rehabilitation expenditures" means any costs incurred


4237 for the physical construction involved in the rehabilitation of a
4238 certified historic structure for mixed residential and nonresidential
4239 uses [where at least thirty-three per cent of the total square footage of
4240 the rehabilitation is placed into service for residential use] or
4241 nonresidential uses, excluding: (A) The owner's personal labor, (B) the
4242 cost of a new addition, except as required to comply with any
4243 provision of the State Building Code or the State Fire Safety Code, and
4244 (C) any nonconstruction cost such as architectural fees, legal fees and
4245 financing fees;

4246 (7) "Rehabilitation plan" means any construction plans and


4247 specifications for the proposed rehabilitation of a certified historic
4248 structure in sufficient detail for evaluation by compliance with the
4249 standards developed under the provisions of subsections (b) to (d),
4250 inclusive, of this section; and

4251 (8) "Substantial rehabilitation" or "substantially rehabilitate" means


4252 the qualified rehabilitation expenditures of a certified historic structure
4253 that exceed twenty-five per cent of the assessed value of such
4254 structure.

4255 (b) (1) The [commission] Department of Economic and Community


4256 Development shall administer a system of tax credit vouchers within
4257 the resources, requirements and purposes of this section for owners
4258 rehabilitating certified historic structures.

4259 (2) The credit authorized by this section shall be available in the tax
4260 year in which the substantially rehabilitated certified historic structure
4261 is placed in service. In the case of projects completed in phases, the tax
4262 credit shall be prorated to the substantially rehabilitated identifiable
4263 portion of the building placed in service. If the tax credit is more than
4264 the amount owed by the taxpayer for the year in which the

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4265 substantially rehabilitated certified historic structure is placed in
4266 service, the amount that is more than the taxpayer's tax liability may be
4267 carried forward and credited against the taxes imposed for the
4268 succeeding five years or until the full credit is used, whichever occurs
4269 first.

4270 (3) In the case of projects completed in phases, the [commission]


4271 Department of Economic and Community Development may issue
4272 vouchers for the substantially rehabilitated identifiable portion of the
4273 building placed in service. [, regardless of whether such portion
4274 contains residential uses.]

4275 (4) Any credits allowed under this section that are provided to
4276 multiple owners of certified historic structures shall be passed through
4277 to persons designated as partners, members or owners, pro rata or
4278 pursuant to an agreement among such persons designated as partners,
4279 members or owners documenting an alternative distribution method
4280 without regard to other tax or economic attributes of such entity. Any
4281 owner entitled to a credit under this section may assign, transfer or
4282 convey the credits, in whole or in part, by sale or otherwise to any
4283 individual or entity and such transferee shall be entitled to offset the
4284 tax imposed under chapter 207, 208, 209, 210, 211 or 212 as if such
4285 transferee had incurred the qualified rehabilitation expenditure.

4286 (c) The [commission] officer shall develop standards for the
4287 approval of rehabilitation of certified historic structures for which a tax
4288 credit voucher is sought. Such standards shall take into account
4289 whether the rehabilitation of a certified historic structure will preserve
4290 the historic character of the building.

4291 (d) The [commission shall] Department of Economic and


4292 Community Development may adopt regulations, in accordance with
4293 chapter 54, to carry out the purposes of this section. Such regulations
4294 shall include provisions for the filing of applications, rating criteria
4295 and for timely approval by the [commission] department.

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4296 (e) Prior to beginning any rehabilitation work on a certified historic
4297 structure, the owner shall submit to the officer (1) (A) a rehabilitation
4298 plan [to the commission] for a determination of whether or not such
4299 rehabilitation work meets the standards developed under the
4300 provisions of subsections (b) to (d), inclusive, of this section, and (B) if
4301 such rehabilitation work is planned to be undertaken in phases, a
4302 complete description of each such phase, with anticipated schedules
4303 for completion, (2) an estimate of the qualified rehabilitation
4304 expenditures, and (3) for projects pursuant to subdivision (2) of
4305 subsection (f) of this section, (A) the number of units of affordable
4306 housing, as defined in section 8-39a, to be created, (B) the proposed
4307 rents or sale prices of such units, and (C) the median income for the
4308 municipality where the project is located. [In the case of a project
4309 pursuant to subdivision (2) of subsection (f) of this section the owner
4310 shall submit a copy of data required under subdivision (3) of this
4311 subsection to the Department of Economic and Community
4312 Development.]

4313 (f) If the [commission] officer certifies that the rehabilitation plan
4314 conforms to the standards developed under the provisions of
4315 subsections (b) to (d), inclusive, of this section, the [commission]
4316 Department of Economic and Community Development shall reserve
4317 for the benefit of the owner an allocation for a tax credit equivalent to
4318 (1) twenty-five per cent of the projected qualified rehabilitation
4319 expenditures, or (2) for rehabilitation plans submitted pursuant to
4320 subsection (e) of this section on or after June 14, 2007, thirty per cent of
4321 the projected qualified rehabilitation expenditures if (A) at least twenty
4322 per cent of the units are rental units and qualify as affordable housing,
4323 as defined in section 8-39a, or (B) at least ten per cent of the units are
4324 individual homeownership units and qualify as affordable housing, as
4325 defined in section 8-39a. No tax credit shall be allocated for the
4326 purposes of this subdivision unless an applicant has [submitted to the
4327 commission] received a certificate from the Department of Economic
4328 and Community Development pursuant to [subsections (l) and (m) of
4329 this] section 8-37lll confirming that the project complies with

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4330 affordable housing requirements under section 8-39a.

4331 (g) (1) The owner shall notify the [commission] officer that a phase
4332 of the rehabilitation has been completed at such time as an identifiable
4333 portion of a certified historic structure has been placed in service. Such
4334 portion shall not be required to include residential uses, provided the
4335 rehabilitation plan submitted pursuant to subsection (e) of this section
4336 describes the residential uses that will be part of the rehabilitation, and
4337 includes a schedule for completion of such residential uses. The owner
4338 shall provide the [commission] officer with documentation of work
4339 performed on such portion of such structure and shall submit
4340 certification of the costs incurred in such rehabilitation. The
4341 [commission] officer shall review such rehabilitation and verify its
4342 compliance with the rehabilitation plan. Following such verification,
4343 the [commission] Department of Economic and Community
4344 Development shall issue a tax credit voucher as provided in subsection
4345 (h) of this section.

4346 (2) If the residential portion of the mixed residential and


4347 nonresidential uses described in the rehabilitation plan is not
4348 completed within the schedule outlined in such plan, the owner shall
4349 recapture one hundred per cent of the amount of the credit for which a
4350 voucher was issued pursuant to this section on the tax return required
4351 to be filed for the income year immediately succeeding the income
4352 year during which such residential portion has not been completed.
4353 The [commission] Department of Economic and Community
4354 Development, in its discretion, may provide an extension of time for
4355 completion of such residential portion, but in no event shall such
4356 extension be more than three years.

4357 (h) Following the completion of rehabilitation of a certified historic


4358 structure in its entirety or in phases to an identifiable portion of the
4359 building, the owner shall notify the [commission] officer that such
4360 rehabilitation has been completed. The owner shall provide the
4361 [commission] officer with documentation of work performed on the

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Bill No. 6651
4362 certified historic structure and shall submit certification of the costs
4363 incurred in rehabilitating the certified historic structure. The
4364 [commission] officer shall review such rehabilitation and verify its
4365 compliance with the rehabilitation plan. Following such verification,
4366 the [commission] Department of Economic and Community
4367 Development shall issue a tax credit voucher to the owner
4368 rehabilitating the certified historic structure or to the taxpayer named
4369 by the owner as contributing to the rehabilitation. The tax credit
4370 voucher shall be in an amount equivalent to the lesser of the tax credit
4371 reserved upon certification of the rehabilitation plan under the
4372 provisions of subsection (f) of this section or (1) twenty-five per cent of
4373 the actual qualified rehabilitation expenditures, or (2) for projects
4374 including affordable housing pursuant to subdivision (2) of subsection
4375 (f) of this section, thirty per cent of the actual qualified rehabilitation
4376 expenditures. In order to obtain a credit against any state tax due that
4377 is specified in subsection (i) of this section, the holder of the tax credit
4378 voucher shall file the voucher with the holder's state tax return.

4379 (i) The Commissioner of Revenue Services shall grant a tax credit to
4380 a taxpayer holding the tax credit voucher issued under subsections (e)
4381 to (j), inclusive, of this section against any tax due under chapter 207,
4382 208, 209, 210, 211 or 212 in the amount specified in the tax credit
4383 voucher. Such taxpayer shall submit the voucher and the
4384 corresponding tax return to the Department of Revenue Services.

4385 (j) The [commission] Department of Economic and Community


4386 Development may charge an application fee in an amount not to
4387 exceed ten thousand dollars to cover the cost of administering the
4388 program established pursuant to this section.

4389 (k) The aggregate amount of all tax credits which may be reserved
4390 by the [Commission on Culture and Tourism] Department of
4391 Economic and Community Development upon certification of
4392 rehabilitation plans under subsections (a) to (j), inclusive, of this
4393 section shall not exceed fifty million dollars for the fiscal three-year

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Bill No. 6651
4394 period beginning July 1, 2008, and ending June 30, 2011, inclusive, and
4395 each fiscal three-year period thereafter. No project may receive tax
4396 credits in an amount exceeding ten per cent of such aggregate amount.

4397 (l) On or before October 1, 2009, and annually thereafter, the


4398 [Commission on Culture and Tourism] Department of Economic and
4399 Community Development shall report the total amount of historic
4400 preservation tax credits and affordable housing tax credits reserved for
4401 the previous fiscal year under subsections (a) to (j), inclusive, of this
4402 section, to the joint standing committees of the General Assembly
4403 having cognizance of matters relating to commerce and to finance,
4404 revenue and bonding. Each such report shall include the following
4405 information for each project for which tax credit has been reserved: (1)
4406 The total project costs, (2) the value of the tax credit reservation for the
4407 purpose of historic preservation, (3) a statement whether the
4408 reservation is for mixed-use and if so, the proportion of the project that
4409 is not residential, and (4) the number of residential units to be created,
4410 and, for affordable housing reservations, the value of the reservation
4411 and percentage of residential units that will qualify as affordable
4412 housing, as defined in section 8-39a.

4413 (m) (1) If the total amount of such tax credits reserved in the first
4414 fiscal year of a fiscal three-year period is more than sixty-five per cent
4415 of the aggregate amount of tax credits reserved under subsections (a)
4416 to (j), inclusive, of this section, then no additional reservation shall be
4417 allowed for the second fiscal year of such fiscal three-year period
4418 unless the joint standing committees of the General Assembly having
4419 cognizance of matters relating to commerce and to finance, revenue
4420 and bonding each vote separately to authorize continuance of tax
4421 credit reservations under the program.

4422 (2) If the total amount of such credits reserved in the second year of
4423 a fiscal three-year period exceeds ninety per cent of the aggregate
4424 amount of tax credits reserved under subsections (a) to (j), inclusive, of
4425 this section, then no additional reservation shall be allowed for the

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Bill No. 6651
4426 third fiscal year of such fiscal three-year period unless the joint
4427 standing committees of the General Assembly having cognizance of
4428 matters relating to commerce and to finance, revenue and bonding
4429 each vote separately to authorize the continuance of tax credit
4430 reservations under the program.

4431 (3) Any tax credit reservations issued before a suspension of


4432 additional tax credit reservations under subdivisions (1) and (2) of this
4433 subsection shall remain in place.

4434 Sec. 123. Subsection (c) of section 32-11a of the general statutes is
4435 repealed and the following is substituted in lieu thereof (Effective July
4436 1, 2011):

4437 (c) The board of directors of the authority shall consist of the
4438 Commissioner of Economic and Community Development, the State
4439 Treasurer and the Secretary of the Office of Policy and Management,
4440 each serving ex officio, four members appointed by the Governor who
4441 shall be experienced in the field of financial lending or the
4442 development of commerce, trade and business and four members
4443 appointed as follows: One by the president pro tempore of the Senate,
4444 one by the minority leader of the Senate, one by the speaker of the
4445 House of Representatives and one by the minority leader of the House
4446 of Representatives. Each ex-officio member may designate a deputy or
4447 any member of the agency staff to represent the member at meetings of
4448 the authority with full powers to act and vote on the member's behalf.
4449 The chairperson of the board shall be [appointed by the Governor,
4450 with the advice and consent of both houses of the General Assembly.]
4451 the Commissioner of Economic and Community Development. The
4452 board shall annually elect one of its members as vice chairperson. Each
4453 member appointed by the Governor shall serve at the pleasure of the
4454 Governor but no longer than the term of office of the Governor or until
4455 the member's successor is appointed and qualified, whichever is
4456 longer. Each member appointed by a member of the General Assembly
4457 shall serve in accordance with the provisions of section 4-1a. Members

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Bill No. 6651
4458 shall receive no compensation but shall be reimbursed for necessary
4459 expenses incurred in the performance of their duties under the
4460 authority legislation, as defined in subsection (hh) of section 32-23d.
4461 The Governor shall fill any vacancy for the unexpired term of a
4462 member appointed by the Governor. The appropriate legislative
4463 appointing authority shall fill any vacancy for the unexpired term of a
4464 member appointed by such authority. A member of the board shall be
4465 eligible for reappointment. Any member of the board may be removed
4466 by the Governor for misfeasance, malfeasance or wilful neglect of
4467 duty. Each member of the authority before entering upon his or her
4468 duties shall take and subscribe the oath or affirmation required by
4469 article XI, section 1, of the State Constitution. A record of each such
4470 oath shall be filed in the office of the Secretary of the State. Meetings of
4471 the board shall be held at such times as shall be specified in the bylaws
4472 adopted by the board and at such other time or times as the
4473 chairperson deems necessary. The board is empowered to adopt
4474 bylaws and regulations for putting into effect the provisions of said
4475 chapters and sections. Not later than November first, annually, the
4476 authority shall submit a report to the Commissioner of Economic and
4477 Community Development, the Auditors of Public Accounts and the
4478 joint standing committees of the General Assembly having cognizance
4479 of matters relating to the Department of Economic and Community
4480 Development, appropriations and capital bonding, which shall include
4481 the following information with respect to new and outstanding
4482 financial assistance provided by the authority during the twelve-
4483 month period ending on June thirtieth next preceding the date of the
4484 report for each financial assistance program administered by the
4485 authority: (1) A list of the names, addresses and locations of all
4486 recipients of such assistance, (2) for each recipient: (A) The business
4487 activities, (B) the [Standard Industrial Classification Manual] North
4488 American Industrial Classification System codes, (C) the gross
4489 revenues during the recipient's most recent fiscal year, (D) the number
4490 of employees at the time of application, (E) whether the recipient is a
4491 minority or woman-owned business, (F) a summary of the terms and

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Bill No. 6651
4492 conditions for the assistance, including the type and amount of state
4493 financial assistance, job creation or retention requirements, and
4494 anticipated wage rates, and (G) the amount of investments from
4495 private and other nonstate sources that have been leveraged by the
4496 assistance, (3) the economic benefit criteria used in determining which
4497 applications have been approved or disapproved, and (4) for each
4498 recipient of assistance on or after July 1, 1991, a comparison between
4499 the number of jobs to be created, the number of jobs to be retained and
4500 the average wage rates for each such category of jobs, as projected in
4501 the recipient's application, versus the actual number of jobs created,
4502 the actual number of jobs retained and the average wage rates for each
4503 such category. The report shall also indicate the actual number of full-
4504 time jobs and the actual number of part-time jobs in each such category
4505 and the benefit levels for each such subcategory. In addition, the report
4506 shall state (A) for each final application approved during the twelve-
4507 month period covered by the report, (i) the date that the final
4508 application was received by the authority, and (ii) the date of such
4509 approval; (B) for each final application withdrawn during the twelve-
4510 month period covered by the report, (i) the municipality in which the
4511 applicant is located, (ii) the [Standard Industrial Classification Manual]
4512 North American Industrial Classification System code for the
4513 applicant, (iii) the date that the final application was received by the
4514 authority, and (iv) the date of such withdrawal; (C) for each final
4515 application disapproved during the twelve-month period covered by
4516 the report, (i) the municipality in which the applicant is located, (ii) the
4517 [Standard Industrial Classification Manual] North American Industrial
4518 Classification System code for the applicant, (iii) the date that the final
4519 application was received by the authority, and (iv) the date of such
4520 disapproval; and (D) for each final application on which no action has
4521 been taken by the applicant or the agency in the twelve-month period
4522 covered by the report and for which no report has been submitted
4523 under this subsection, (i) the municipality in which the applicant is
4524 located, (ii) the [Standard Industrial Classification Manual] North
4525 American Industrial Classification System code for the applicant, and

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Bill No. 6651
4526 (iii) the date that the final application was received by the authority.
4527 The November first report shall include a summary of the activities of
4528 the authority, including all activities to assist small businesses and
4529 minority business enterprises, as defined in section 4a-60g, a complete
4530 operating and financial statement and recommendations for legislation
4531 to promote the purposes of the authority. The authority shall furnish
4532 such additional reports upon the written request of any such
4533 committee at such times and containing such information as the
4534 committee may request. The accounts of the authority shall be subject
4535 to annual audit by the state Auditors of Public Accounts. The authority
4536 may cause an audit of its books and accounts to be made at least once
4537 each fiscal year by certified public accountants. The powers of the
4538 authority shall be vested in and exercised by not less than six of the
4539 members of the board of directors then in office. Such number of
4540 members shall constitute a quorum and the affirmative vote of a
4541 majority of the members present at a meeting of the board shall be
4542 necessary for any action taken by the authority. No vacancy in the
4543 membership of the board shall impair the right to exercise all the rights
4544 and perform all the duties of the authority. Any action taken by the
4545 board under the provisions of said chapters and sections may be
4546 authorized by resolution at any regular or special meeting, and each
4547 such resolution shall take effect immediately and need not be
4548 published or posted. The authority shall be exempt from the
4549 provisions of section 4-9a, as amended by this act.

4550 Sec. 124. Subsection (c) of section 32-35 of the general statutes is
4551 repealed and the following is substituted in lieu thereof (Effective July
4552 1, 2011):

4553 (c) The chairperson of the board shall be [appointed by the


4554 Governor, with the advice and consent of both houses of the General
4555 Assembly] the Commissioner of Economic and Community
4556 Development. The directors shall annually elect one of their number as
4557 secretary. The board may elect such other officers of the board as it
4558 deems proper. Members shall receive no compensation for the

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Bill No. 6651
4559 performance of their duties hereunder but shall be reimbursed for
4560 necessary expenses incurred in the performance thereof.

4561 Sec. 125. Subsection (c) of section 7-147b of the general statutes is
4562 repealed and the following is substituted in lieu thereof (Effective July
4563 1, 2011):

4564 (c) The historic district study committee shall transmit copies of its
4565 report to the [Connecticut Commission on Culture and Tourism]
4566 Department of Economic and Community Development, the planning
4567 commission and zoning commission, or the combined planning and
4568 zoning commission, of the municipality, if any, and, in the absence of
4569 such a planning commission, zoning commission or combined
4570 planning and zoning commission, to the chief elected official of the
4571 municipality for their comments and recommendations. In addition to
4572 such other comments and recommendations as it may make, the
4573 [Connecticut Commission on Culture and Tourism] Department of
4574 Economic and Community Development may recommend either
4575 approval, disapproval, modification, alteration or rejection of the
4576 proposed ordinance or ordinances and of the boundaries of each
4577 proposed district. Each such commission, board or individual shall
4578 deliver such comments and recommendations to the committee within
4579 sixty-five days of the date of transmission of such report. Failure to
4580 deliver such comments and recommendations shall be taken as
4581 approval of the report of the committee.

4582 Sec. 126. Subsection (h) of section 7-147b of the general statutes is
4583 repealed and the following is substituted in lieu thereof (Effective
4584 July 1, 2011):

4585 (h) The form of the ballot to be mailed to each owner shall be
4586 consistent with the model ballot prepared by the Historic Preservation
4587 Council of the [Connecticut Commission on Culture and Tourism]
4588 Department of Economic and Community Development established
4589 pursuant to section 10-409, as amended by this act. The ballot shall be a
4590 secret ballot and shall set the date by which such ballots shall be

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Bill No. 6651
4591 received by the clerk of the municipality. The ballots shall be mailed by
4592 first class mail to each owner eligible to vote in such balloting at least
4593 fifteen days in advance of the day on which ballots must be returned.
4594 Notice of balloting shall be published in the form of a legal
4595 advertisement appearing in a newspaper having a substantial
4596 circulation in the municipality at least twice, at intervals of not less
4597 than two days, the first not more than fifteen days or less than ten days
4598 and the last not less than two days before the day on which the ballots
4599 must be returned. Such ballot shall be returned to the municipal clerk,
4600 inserted in an inner envelope which shall have endorsed on the face
4601 thereof a form containing a statement as follows: "I, the undersigned,
4602 do hereby state under the penalties of false statement that I am an
4603 owner of record of real property to be included in the proposed
4604 historic district and that I am, or my predecessors in title were, liable to
4605 the municipality for taxes on an assessment of not less than one
4606 thousand dollars on the last grand list of the municipality of real
4607 property within the district, or who would be or would have been so
4608 liable if not entitled to an exemption under subdivision (7), (8), (10),
4609 (11), (13), (14), (15), (16), (17), (20), (21), (22), (23), (24), (25), (26), (29) or
4610 (49) of section 12-81." Such statement shall be signed and dated. Any
4611 person who intentionally falsely signs such ballot shall be guilty of
4612 false statement as provided in section 53a-157b. The inner envelope, in
4613 which the ballot has been inserted by the owner, shall be returned to
4614 the municipal clerk in an outer envelope endorsed on the outside with
4615 the words: "Official ballot". Such outer envelope shall also contain, in
4616 the upper left corner of the face thereof, blank spaces for the name and
4617 return address of the sender. In the lower left corner of such outer
4618 envelope, enclosed in a printed box, there shall be spaces upon which
4619 the municipal clerk, before issuance of the ballot and envelopes, shall
4620 inscribe the name, street and number of the elector's voting residence
4621 and the date by which the ballot must be returned, and before issuance
4622 the municipal clerk shall similarly inscribe such envelope with his
4623 name and address for the return thereof. All outer envelopes shall be
4624 serially numbered. The ballots shall be returned to the municipal clerk

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Bill No. 6651
4625 by the close of business on the day specified, and such clerk shall
4626 compare each ballot to the list of property owners to whom such
4627 ballots were mailed to insure that each such ballot has been properly
4628 signed and returned.

4629 Sec. 127. Subsection (b) of section 8-37lll of the general statutes is
4630 repealed and the following is substituted in lieu thereof (Effective
4631 July 1, 2011):

4632 (b) The Commissioner of Economic and Community Development [,


4633 in consultation with the Commission on Culture and Tourism,] may
4634 adopt regulations, pursuant to chapter 54, for monitoring of projects
4635 that qualify for affordable housing tax credits pursuant to subsections
4636 (a) to (j), inclusive, of section 10-416b, as amended by this act, by the
4637 Department of Economic and Community Development, or by local
4638 housing authorities, municipalities, other public agencies or quasi-
4639 public agencies, as defined in section 1-120, designated by the
4640 department. Such regulations shall include provisions for ensuring
4641 that affordable units developed under subdivision (3) of subsection (e)
4642 of section 10-416b, as amended by this act, are maintained as
4643 affordable for a minimum of ten years and may require deed
4644 restrictions or other fiscal mechanisms designed to ensure compliance
4645 with project requirements.

4646 Sec. 128. Section 3-110f of the general statutes is repealed and the
4647 following is substituted in lieu thereof (Effective July 1, 2011):

4648 The [Connecticut Commission on Culture and Tourism]


4649 Department of Economic and Community Development, with
4650 recommendations of the Culture and Tourism Advisory Committee,
4651 may appoint a state poet laureate.

4652 Sec. 129. Section 3-110h of the general statutes is repealed and the
4653 following is substituted in lieu thereof (Effective July 1, 2011):

4654 There shall be an official state troubadour. The [Connecticut

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Bill No. 6651
4655 Commission on Culture and Tourism] Department of Economic and
4656 Community Development shall biennially designate a troubadour to
4657 serve in the position.

4658 Sec. 130. Section 3-110i of the general statutes is repealed and the
4659 following is substituted in lieu thereof (Effective July 1, 2011):

4660 Charles Edward Ives is designated as the composer of the state of


4661 Connecticut. There shall be a "Charles Edward Ives Memorial
4662 Composer Laureate of the state of Connecticut". The board of directors
4663 of the Charles Ives Center for the Arts, in consultation with the panel
4664 established under this section, may designate from time to time a
4665 composer who was born or is living in Connecticut to serve in the
4666 position of composer laureate. There is established a panel that shall
4667 meet from time to time to advise said board of directors on the
4668 designation of the composer laureate. The panel shall be comprised of
4669 eight members, one of whom shall be a representative of the
4670 [Connecticut Commission on Culture and Tourism] Department of
4671 Economic and Community Development, one of whom shall be a
4672 representative of the New Haven Symphony Orchestra, one of whom
4673 shall be a representative of the Hartford Symphony Orchestra, one of
4674 whom shall be a representative of the Yale University School of Music,
4675 one of whom shall be a representative of the Hartt School of Music of
4676 The University of Hartford, one of whom shall be a representative of
4677 The Charles Ives Society, Inc., one of whom shall be a representative of
4678 The University of Connecticut through its music department, and one
4679 of whom shall be a representative of the Connecticut State University
4680 System through the music department of Western Connecticut State
4681 University. Each member of the panel shall be selected by the entity
4682 that the member represents.

4683 Sec. 131. Section 4-5 of the general statutes is repealed and the
4684 following is substituted in lieu thereof (Effective July 1, 2011):

4685 As used in sections 4-6, 4-7 and 4-8, the term "department head"
4686 means Secretary of the Office of Policy and Management,

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Bill No. 6651
4687 Commissioner of Administrative Services, Commissioner of Revenue
4688 Services, Banking Commissioner, Commissioner of Children and
4689 Families, Commissioner of Consumer Protection, Commissioner of
4690 Correction, Commissioner of Economic and Community Development,
4691 State Board of Education, Commissioner of Emergency Management
4692 and Homeland Security, Commissioner of Environmental Protection,
4693 Commissioner of Agriculture, Commissioner of Public Health,
4694 Insurance Commissioner, Labor Commissioner, Liquor Control
4695 Commission, Commissioner of Mental Health and Addiction Services,
4696 Commissioner of Public Safety, Commissioner of Social Services,
4697 Commissioner of Developmental Services, Commissioner of Motor
4698 Vehicles, Commissioner of Transportation, Commissioner of Public
4699 Works, Commissioner of Veterans' Affairs, Chief Information Officer,
4700 the chairperson of the Public Utilities Control Authority, the executive
4701 director of the Board of Education and Services for the Blind, [the
4702 executive director of the Connecticut Commission on Culture and
4703 Tourism,] and the executive director of the Office of Military Affairs.
4704 As used in sections 4-6 and 4-7, "department head" also means the
4705 Commissioner of Education and the president of the Board of Regents
4706 for Higher Education.

4707 Sec. 132. Section 4-9a of the general statutes is repealed and the
4708 following is substituted in lieu thereof (Effective July 1, 2011):

4709 (a) The Governor shall appoint the chairperson and executive
4710 director, if any, of all boards and commissions within the Executive
4711 Department, [except the Board of Governors of Higher Education,
4712 provided the Governor shall appoint the initial chairman of said board
4713 as provided in section 10a-2,] the State Properties Review Board, the
4714 State Elections Enforcement Commission, the Commission on Human
4715 Rights and Opportunities, the Citizen's Ethics Advisory Board, and the
4716 Commission on Fire Prevention and Control.

4717 (b) Public members shall constitute not less than one-third of the
4718 members of each board and commission within the Executive

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Bill No. 6651
4719 Department, except the Gaming Policy Board and the Commission on
4720 Human Rights and Opportunities. Public member means an elector of
4721 the state who has no substantial financial interest in, is not employed
4722 in or by, and is not professionally affiliated with, any industry,
4723 profession, occupation, trade or institution regulated or licensed by the
4724 relevant board or commission, and who has had no professional
4725 affiliation with any such industry, profession, occupation, trade or
4726 institution for three years preceding his appointment to the board or
4727 commission. Except as otherwise specifically provided by the general
4728 statutes, this section shall not apply to the Commission on Fire
4729 Prevention and Control, boards and commissions the membership of
4730 which is entirely composed of state department heads, elected officials
4731 or deputies appointed by such department heads or where the
4732 membership of such board or commission is determined in accordance
4733 with the provisions of any federal law.

4734 (c) Notwithstanding any provision of law, [to the contrary,] the term
4735 of each member of each board and commission within the executive
4736 branch, except the State Board of Education, the Board of [Governors
4737 of] Regents for Higher Education, the Gaming Policy Board, the
4738 Commission on Human Rights and Opportunities, the State Elections
4739 Enforcement Commission, the State Properties Review Board, the
4740 Citizen's Ethics Advisory Board, the Commission on Medicolegal
4741 Investigations, the Psychiatric Security Review Board, the Commission
4742 on Fire Prevention and Control, the E 9-1-1 Commission, the
4743 [Connecticut Commission on] Culture and Tourism Advisory
4744 Committee, and the board of trustees of each constituent unit of the
4745 state system of higher education, commencing on or after July 1, 1979,
4746 shall be coterminous with the term of the Governor or until a successor
4747 is chosen, whichever is later.

4748 (d) Each member of each board and commission within the
4749 executive branch shall serve at the pleasure of the appointing authority
4750 except where otherwise specifically provided by any provision of the
4751 general statutes.

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Bill No. 6651
4752 Sec. 133. Subsection (a) of section 4-66aa of the general statutes is
4753 repealed and the following is substituted in lieu thereof (Effective July
4754 1, 2011):

4755 (a) There is established, within the General Fund, a separate,


4756 nonlapsing account to be known as the "community investment
4757 account". The account shall contain any moneys required by law to be
4758 deposited in the account. The funds in the account shall be distributed
4759 every three months as follows: (1) [Twenty-five] Ten dollars of each fee
4760 credited to said account shall be deposited into the agriculture
4761 sustainability account established pursuant to section 4-66cc and, then,
4762 of the remaining funds, (2) twenty-five per cent to the [Connecticut
4763 Commission on Culture and Tourism] Department of Economic and
4764 Community Development to use as follows: (A) Two hundred
4765 thousand dollars, annually, to supplement the technical assistance and
4766 preservation activities of the Connecticut Trust for Historic
4767 Preservation, established pursuant to special act 75-93, and (B) the
4768 remainder to supplement historic preservation activities as provided in
4769 sections 10-409 to 10-415, inclusive; (2) twenty-five per cent to the
4770 Connecticut Housing Finance Authority to supplement new or existing
4771 affordable housing programs; (3) twenty-five per cent to the
4772 Department of Environmental Protection for municipal open space
4773 grants; and (4) twenty-five per cent to the Department of Agriculture
4774 to use as follows: (A) Five hundred thousand dollars annually for the
4775 agricultural viability grant program established pursuant to section 22-
4776 26j; (B) five hundred thousand dollars, annually for the farm transition
4777 program established pursuant to section 22-26k; (C) one hundred
4778 thousand dollars annually to encourage the sale of Connecticut Grown
4779 food to schools, restaurants, retailers, and other institutions and
4780 businesses in the state; (D) seventy-five thousand dollars annually for
4781 the Connecticut farm link program established pursuant to section 22-
4782 26l; [and] (E) forty-seven thousand five hundred dollars annually for
4783 the Seafood Advisory Council established pursuant to section 22-455;
4784 (F) forty-seven thousand five hundred dollars annually for the
4785 Connecticut Farm Wine Development Council established pursuant to

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Bill No. 6651
4786 section 22-26c; (G) twenty-five thousand dollars annually to the
4787 Connecticut Food Policy Council established pursuant to section 22-
4788 456; and (H) the remainder for farmland preservation programs
4789 pursuant to chapter 422. Each agency receiving funds under this
4790 section may use not more than ten per cent of such funds for
4791 administration of the programs for which the funds were provided.

4792 Sec. 134. Subsections (e) and (f) of section 7-34a of the general
4793 statutes are repealed and the following is substituted in lieu thereof
4794 (Effective July 1, 2011):

4795 (e) In addition to the fees for recording a document under


4796 subsection (a) of this section, town clerks shall receive a fee of [thirty]
4797 forty dollars for each document recorded in the land records of the
4798 municipality. The town clerk shall retain one dollar of any fee paid
4799 pursuant to this subsection and three dollars of such fee shall become
4800 part of the general revenue of the municipality and be used to pay for
4801 local capital improvement projects, as defined in section 7-536. Not
4802 later than the fifteenth day of each month, town clerks shall remit
4803 [twenty-six] thirty-six dollars of the fees paid pursuant to this
4804 subsection during the previous calendar month to the State Treasurer.
4805 Upon deposit in the General Fund, such amount shall be credited to
4806 the [land protection, affordable housing and historic preservation]
4807 community investment account established pursuant to section 4-66aa.
4808 The provisions of this subsection shall not apply to any document
4809 recorded on the land records by an employee of the state or of a
4810 municipality in conjunction with such employee's official duties. As
4811 used in this subsection, "municipality" includes each town,
4812 consolidated town and city, city, consolidated town and borough,
4813 borough, and district, as defined in chapter 105 or 105a, any municipal
4814 corporation or department thereof created by a special act of the
4815 General Assembly, and each municipal board, commission and taxing
4816 district not previously mentioned.

4817 [(f) Notwithstanding the provisions of subsection (e) of this section,

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Bill No. 6651
4818 in addition to the fees for recording a document under subsection (a)
4819 of this section, from July 1, 2009, until July 1, 2011, town clerks shall
4820 receive a fee of forty dollars for each document recorded in the land
4821 records of the municipality. The town clerk shall retain one dollar of
4822 any fee paid pursuant to this subsection and three dollars of such fee
4823 shall become part of the general revenue of the municipality and be
4824 used to pay for local capital improvement projects, as defined in
4825 section 7-536. Not later than the fifteenth day of each month, from July
4826 1, 2009, until July 1, 2011, town clerks shall remit thirty-six dollars of
4827 the fees paid pursuant to this subsection during the previous calendar
4828 month to the State Treasurer. Upon deposit in the General Fund, such
4829 amount shall be credited to the community investment account
4830 established pursuant to section 4-66aa. The provisions of this
4831 subsection shall not apply to any document recorded on the land
4832 records by an employee of the state or of a municipality in conjunction
4833 with such employee's official duties. As used in this subsection,
4834 "municipality" includes each town, consolidated town and city, city,
4835 consolidated town and borough, borough, and district, as defined in
4836 chapter 105 or 105a, any municipal corporation or department thereof
4837 created by a special act of the General Assembly, and each municipal
4838 board, commission and taxing district not previously mentioned.]

4839 Sec. 135. Section 30 of public act 09-229 is repealed and the
4840 following is substituted in lieu thereof (Effective July 1, 2011):

4841 (a) For purposes of this section:

4842 (1) "Federal pay price" means the northeast monthly uniform price
4843 for milk at Hartford zone pursuant to the United States Department of
4844 Agriculture Northeast Federal Milk Marketing Order;

4845 (2) "Milk producer" means a person, firm or corporation registered


4846 pursuant to section 22-172 of the general statutes; and

4847 (3) "Minimum sustainable monthly cost of production" means


4848 eighty-two per cent of the baseline determined by the United States

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Bill No. 6651
4849 Department of Agriculture's Economic Research Service monthly
4850 average cost of production for a New England state or, if such baseline
4851 is unavailable, a baseline determined by the Commissioner of
4852 Agriculture that is based on the data and variables published by the
4853 United States Department of Agriculture.

4854 (b) (1) Commencing on the date the first deposit is made into the
4855 agricultural sustainability account established pursuant to section [29
4856 of this act] 4-66cc of the general statutes and subject to subdivisions (2)
4857 and (3) of this subsection, a milk producer shall be entitled to a grant
4858 as specified in this subsection. For each month that the federal pay
4859 price is below the minimum sustainable monthly cost of production,
4860 the milk producer shall be entitled to an amount equal to the dollar
4861 amount such federal pay price was below the minimum sustainable
4862 monthly cost of production, multiplied by the amount of milk
4863 produced by such milk producer during such month. The
4864 Commissioner of Agriculture shall make such grants to such milk
4865 producers on a quarterly basis, beginning on the date three months
4866 after the first deposit is made into the agricultural sustainability
4867 account established pursuant to section [29 of this act] 4-66cc of the
4868 general statutes. Such grant payments shall be made by the
4869 commissioner from said account. In the event the amount of available
4870 funds in said account at the time such quarterly grants are due is less
4871 than the aggregate amount of grants to which producers are entitled
4872 pursuant to this section, the commissioner shall distribute all of the
4873 funds in the account to such milk producers on a proportionate basis
4874 based on their relative levels of milk production.

4875 (2) For purposes of calculating a grant due a milk producer


4876 pursuant to subdivision (1) of this subsection, each milk producer or
4877 handler, as defined in section 22-127 of the general statutes, who
4878 receives milk from producers in the state, shall file with the
4879 Commissioner of Agriculture, in such form and at such times as said
4880 commissioner shall direct, information as to the amount of milk
4881 produced by each producer.

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Bill No. 6651
4882 (3) Prior to receiving a grant pursuant to subdivision (1) of this
4883 subsection, a milk producer shall file with the Commissioner of
4884 Agriculture, in such form and at such times as said commissioner shall
4885 direct, proof that such milk producer has completed an energy audit,
4886 as defined in section 16a-38 of the general statutes.

4887 [(c) The provisions of this section shall terminate July 1, 2011.]

4888 Sec. 136. Subsection (e) of section 4-89 of the general statutes is
4889 repealed and the following is substituted in lieu thereof (Effective
4890 July 1, 2011):

4891 (e) The provisions of this section shall not apply to appropriations
4892 for Department of Transportation equipment, the highway and
4893 planning research program administered by the Department of
4894 Transportation, Department of Environmental Protection equipment
4895 or the purchase of public transportation equipment, the minor capital
4896 improvement account in the Department of Public Works, the
4897 litigation/settlement account in the Office of Policy and Management,
4898 library or educational equipment for the constituent units of the state
4899 system of higher education, or library or educational materials for the
4900 State Library, or the state-wide tourism marketing account of the
4901 [Commission on Culture and Tourism] Department of Economic and
4902 Community Development. Such appropriations shall not lapse until
4903 the end of the fiscal year succeeding the fiscal year of the
4904 appropriation, provided an obligation to spend such funds has been
4905 incurred in the next preceding fiscal year, except that for the purposes
4906 of library or educational equipment or materials, such funds shall not
4907 exceed twenty-five per cent of the amount of the appropriation for
4908 such purposes.

4909 Sec. 137. Section 4b-53 of the general statutes is repealed and the
4910 following is substituted in lieu thereof (Effective July 1, 2011):

4911 (a) For purposes of this section, the following terms have the
4912 following meanings: "State building" means any building or facility

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Bill No. 6651
4913 owned or leased by the state of Connecticut and open to the public or
4914 intended for such use, exclusive of any shed, warehouse, garage,
4915 building of a temporary nature or building located on the grounds of a
4916 correctional institution; "proposal development expenses" means the
4917 cost of preparing a detailed drawing, model or plan as determined by
4918 the [Connecticut Commission on Culture and Tourism] Department of
4919 Economic and Community Development; and "work of art" means art
4920 work which is to be an integrated part of such state building, including
4921 but not limited to, fresco, mosaic, sculpture and other architectural
4922 embellishment or functional art created by a professional artist, artisan
4923 or craftsperson, and any work of visual art which is not to be an
4924 integrated part of such state building, including but not limited to, a
4925 drawing, painting, sculpture, mosaic, photograph, work of calligraphy
4926 or work of graphic art or mixed media. Work of art as used in this
4927 section shall not include landscape architecture or landscape
4928 gardening.

4929 (b) The State Bond Commission, in the allocation of proceeds of


4930 state bonds for purposes of construction, reconstruction or remodeling
4931 of any state building, shall allocate for works of art, with respect to
4932 each such project and for the purposes of subsection (c) of this section,
4933 an amount from such proceeds not less than one per cent of the total
4934 estimated cost of such construction, reconstruction or remodeling,
4935 exclusive of (1) the cost of any land acquisition, (2) any
4936 nonconstruction costs including the cost of such work of art, and (3)
4937 any augmentations to such cost, provided any such allocation for work
4938 of art as provided in this section must be approved, prior to
4939 authorization of such allocation by the State Bond Commission, by the
4940 Commissioner of Public Works in consultation with the [Connecticut
4941 Commission on Culture and Tourism] Department of Economic and
4942 Community Development. Such allocation may be used to reimburse
4943 any artist, artisan, craftsperson or person who creates a work of art, for
4944 proposal development expenses when the [Connecticut Commission
4945 on Culture and Tourism] Department of Economic and Community
4946 Development requests such proposal development or to compensate

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Bill No. 6651
4947 persons who, at the request of the [Connecticut Commission on
4948 Culture and Tourism] Department of Economic and Community
4949 Development determine whether such works of art require proposal
4950 development.

4951 (c) There is established within the General Fund a state building
4952 works of art account, which shall be a separate, nonlapsing account.
4953 The moneys within said account shall be used (1) for the purchase of
4954 works of art from distinguished Connecticut artists, which shall be
4955 placed on public view in state buildings, (2) to establish a bank of
4956 major works of art, from which individual works of art may be
4957 circulated among state buildings, public art museums and nonprofit
4958 galleries, and (3) for repair of all works acquired under this section.
4959 The [Connecticut Commission on Culture and Tourism] Department of
4960 Economic and Community Development, in consultation with the
4961 Commissioner of Public Works, shall adopt regulations in accordance
4962 with the provisions of chapter 54, which shall (A) indicate the portion
4963 of the one per cent allocation under subsection (b) of this section, up to
4964 one quarter of such allocation, which shall be deposited in the General
4965 Fund and credited to said account, (B) set forth the manner in which
4966 the moneys in said account shall be allocated and expended for the
4967 purposes of this subsection, and (C) establish procedures to ensure
4968 accountability in maintaining the integrity of such bank of works of
4969 art.

4970 (d) There is established a subaccount within the state buildings


4971 works of art account, established pursuant to subsection (c) of this
4972 section, to be known as the "maintenance account" to be used solely for
4973 the conservation, repair and cleaning of artworks commissioned and
4974 purchased for state buildings pursuant to this section. The
4975 [Connecticut Commission on Culture and Tourism] Department of
4976 Economic and Community Development shall determine what
4977 percentage of the one per cent allocation pursuant to subsection (b) of
4978 this section, up to ten per cent of such allocation, to credit to said
4979 subaccount.

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Bill No. 6651
4980 (e) The [Connecticut Commission on Culture and Tourism]
4981 Department of Economic and Community Development shall, with
4982 respect to a work of art in any project under subsection (b) of this
4983 section, be responsible for the selection of any artist, artisan or
4984 craftsperson, review of any design or plan, and execution, completion,
4985 acceptance and placement of such work of art, provided any work of
4986 art to be located in any building under the supervision, security,
4987 utilization and control of the Joint Committee on Legislative
4988 Management shall be approved by said committee. The Commissioner
4989 of Public Works, in consultation with said [commission] department,
4990 (1) shall be responsible for the contractual arrangements with any such
4991 artist, artisan or craftsperson, and (2) shall adopt regulations
4992 concerning implementation of the purposes of subsection (b) of this
4993 section and this subsection.

4994 Sec. 138. Subsection (a) of section 4b-60 of the general statutes is
4995 repealed and the following is substituted in lieu thereof (Effective
4996 July 1, 2011):

4997 (a) There shall be a State Commission on Capitol Preservation and


4998 Restoration to consist of twelve members to be appointed as follows:
4999 Two members shall be appointed by the Governor, two by the speaker
5000 of the House of Representatives, two by the president pro tempore of
5001 the Senate, one by the House minority leader, one by the Senate
5002 minority leader, two members of the Joint Committee on Legislative
5003 Management, one appointed by each of the chairmen of said
5004 committee, and one member of the [Connecticut Commission on
5005 Culture and Tourism] Cultural and Tourism Advisory Committee
5006 appointed by its [chairman] chairperson. The Commissioner of Public
5007 Works, or the commissioner's designee, shall be an ex-officio member
5008 of the commission and shall attend its meetings. Vacancies on the
5009 commission shall be filled by the original appointing authority for the
5010 unexpired portion of the term. The members shall serve without
5011 compensation for their services but shall be reimbursed for their actual
5012 and necessary expenses incurred in the performance of their duties.

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Bill No. 6651
5013 The commission shall meet at least quarterly, and more often on the
5014 call of the chairman or on the written request of a majority of the
5015 members. The commission may designate subcommittees to carry out
5016 its functions. Any member who fails to attend three consecutive
5017 meetings or fails to attend fifty per cent of all meetings held during
5018 any calendar year shall be deemed to have resigned.

5019 Sec. 139. Section 4b-64 of the general statutes is repealed and the
5020 following is substituted in lieu thereof (Effective July 1, 2011):

5021 Each state department, institution or agency intending to dispose of,


5022 demolish or transfer ownership of any structure more than fifty years
5023 old shall notify the [Connecticut Commission on Culture and Tourism]
5024 Department of Economic and Community Development of such intent
5025 ninety days before the disposition, demolition or transfer. The
5026 department, institution or agency, not more than one hundred twenty
5027 days and not less than thirty days before such disposition, demolition
5028 or transfer, shall publish notice of its intent three times in a newspaper
5029 of general circulation in the municipality in which such structure is
5030 located and shall post a sign stating its intent in a conspicuous place on
5031 the property on which such structure is located not less than thirty
5032 days before the disposition, demolition or transfer.

5033 Sec. 140. Subsection (a) of section 4b-66a of the general statutes is
5034 repealed and the following is substituted in lieu thereof (Effective
5035 July 1, 2011):

5036 (a) There is established a Connecticut Capitol Center Commission.


5037 The commission shall consist of (1) the Secretary of the Office of Policy
5038 and Management, or the secretary's designee; (2) the Commissioner of
5039 Public Works, or the commissioner's designee; (3) the Commissioner of
5040 Economic and Community Development, or the commissioner's
5041 designee; (4) the [executive director of the Connecticut Commission on
5042 Culture and Tourism] chairperson of the Culture and Tourism
5043 Advisory Committee, or the [executive director's] chairperson's
5044 designee; (5) one member appointed by the speaker of the House of

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Bill No. 6651
5045 Representatives; (6) one member appointed by the president pro
5046 tempore of the Senate; (7) one member appointed by the majority
5047 leader of the House of Representatives; (8) one member appointed by
5048 the majority leader of the Senate; (9) one member appointed by the
5049 minority leader of the House of Representatives; (10) one member
5050 appointed by the minority leader of the Senate; (11) the chairperson of
5051 the Hartford Commission on the City Plan; (12) one member
5052 appointed by the mayor of the city of Hartford; and (13) one member
5053 from the South Downtown Neighborhood Revitalization Committee.

5054 Sec. 141. Subsection (cc) of section 5-198 of the general statutes is
5055 repealed and the following is substituted in lieu thereof (Effective
5056 July 1, 2011):

5057 (cc) The director for digital media and motion picture activities in
5058 the [Connecticut Commission on Culture and Tourism] Department of
5059 Economic and Community Development.

5060 Sec. 142. Subsection (b) of section 7-147a of the general statutes is
5061 repealed and the following is substituted in lieu thereof (Effective
5062 July 1, 2011):

5063 (b) Any municipality may, by vote of its legislative body and in
5064 conformance with the standards and criteria formulated by the
5065 [Connecticut Commission on Culture and Tourism] Department of
5066 Economic and Community Development, establish within its confines
5067 an historic district or districts to promote the educational, cultural,
5068 economic and general welfare of the public through the preservation
5069 and protection of the distinctive characteristics of buildings and places
5070 associated with the history of or indicative of a period or style of
5071 architecture of the municipality, of the state or of the nation.

5072 Sec. 143. Subsection (g) of section 7-147c of the general statutes is
5073 repealed and the following is substituted in lieu thereof (Effective
5074 July 1, 2011):

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Bill No. 6651
5075 (g) A copy of any ordinance creating an historic district adopted
5076 under authority of this part, amendments to any such ordinance, maps
5077 of any districts created under this part, annual reports and other
5078 publications of the historic district commission and the roster of
5079 membership of such commission shall be transmitted to the
5080 [Connecticut Commission on Culture and Tourism] Department of
5081 Economic and Community Development. The historic district
5082 commission shall also file with the [Connecticut Commission on
5083 Culture and Tourism] department at least once every year a brief
5084 summary of its actions during that year, including a statement of the
5085 number and nature of certificates of appropriateness issued, any
5086 changes in the membership of the commission and any other
5087 information deemed appropriate by the historic district commission.

5088 Sec. 144. Subsection (b) of section 7-147j of the general statutes is
5089 repealed and the following is substituted in lieu thereof (Effective
5090 July 1, 2011):

5091 (b) If a building in an historic district is to be demolished, no


5092 demolition shall occur for ninety days from issuance of a demolition
5093 permit if during such time the historic district commission or the
5094 [Connecticut Commission on Culture and Tourism] Department of
5095 Economic and Community Development is attempting to find a
5096 purchaser who will retain or remove such building or who will present
5097 some other reasonable alternative to demolition. During such ninety-
5098 day period the municipality may abate all real property taxes. At the
5099 conclusion of such ninety-day period, the demolition permit shall
5100 become effective and the demolition may occur. Nothing in this section
5101 shall be construed to mandate that the owner of such property sell
5102 such property or building.

5103 Sec. 145. Subsection (b) of section 7-147p of the general statutes is
5104 repealed and the following is substituted in lieu thereof (Effective
5105 July 1, 2011):

5106 (b) Any municipality may, by ordinance and in conformance with

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5107 the standards and criteria formulated by the [Connecticut Commission
5108 on Culture and Tourism] Department of Economic and Community
5109 Development, designate within its confines an historic property or
5110 properties to promote the educational, cultural, economic and general
5111 welfare of the public through the preservation and protection of the
5112 distinctive characteristics of individual buildings and places associated
5113 with the history of or indicative of a period or style of architecture of
5114 the municipality, of the state or of the nation.

5115 Sec. 146. Subsection (c) of section 7-147q of the general statutes is
5116 repealed and the following is substituted in lieu thereof (Effective
5117 July 1, 2011):

5118 (c) The historic properties study committee shall transmit copies of
5119 its report to the [Connecticut Commission on Culture and Tourism]
5120 Department of Economic and Community Development, the planning
5121 commission and zoning commission, or the combined planning and
5122 zoning commission, of the municipality, if any, and, in the absence of
5123 such a planning commission, zoning commission or combined
5124 planning and zoning commission, to the chief elected official of the
5125 municipality for their comments and recommendations. In addition to
5126 such other comments and recommendations as it may make, the
5127 [Connecticut Commission on Culture and Tourism] Department of
5128 Economic and Community Development may recommend either
5129 approval, disapproval, modification, alteration or rejection of the
5130 proposed ordinance or ordinances and of the boundaries of each
5131 proposed historic property. Each such commission, board or
5132 individual shall deliver such comments and recommendations to the
5133 committee within sixty-five days of the date of transmission of such
5134 report. Failure to deliver such comments and recommendations shall
5135 be taken as approval of the report of the committee.

5136 Sec. 147. Subsection (b) of section 7-147y of the general statutes is
5137 repealed and the following is substituted in lieu thereof (Effective
5138 July 1, 2011):

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Bill No. 6651
5139 (b) If a building within the boundaries of an historic property is to
5140 be demolished, no demolition shall occur for ninety days from
5141 issuance of a demolition permit if during such time the historic
5142 properties commission or the [Connecticut Commission on Culture
5143 and Tourism] Department of Economic and Community Development
5144 is attempting to find a purchaser who will retain or remove such
5145 building or who will present some other reasonable alternative to
5146 demolition. During such ninety-day period the municipality may abate
5147 all real property taxes. At the conclusion of such ninety-day period, the
5148 demolition permit shall become effective and the demolition may
5149 occur. Nothing in this section shall be construed to mandate that the
5150 owner of such property is under any obligation to sell such property or
5151 building.

5152 Sec. 148. Section 10-382 of the general statutes is repealed and the
5153 following is substituted in lieu thereof (Effective July 1, 2011):

5154 There is established a Native American Heritage Advisory Council


5155 to evaluate and make recommendations on the Native American
5156 heritage to the State Archaeologist and the [Connecticut Commission
5157 on Culture and Tourism] Department of Economic and Community
5158 Development. Such council shall consist of the following members:
5159 One representing each of the following Indian tribes, appointed by the
5160 tribe: The Schaghticoke, the Paucatuck Eastern Pequot, the
5161 Mashantucket Pequot, the Mohegan and the Golden Hill Paugussett;
5162 one representing the Indian Affairs Council, appointed by the
5163 chairperson of the council; one representing the Commissioner of
5164 Environmental Protection, appointed by said commissioner; one
5165 representing the Archaeological Society of Connecticut, appointed by
5166 the president pro tempore of the Senate; and three who are
5167 knowledgeable in Native American history, traditions and
5168 archaeology, one appointed by the speaker of the House of
5169 Representatives, one appointed by the minority leader of the House of
5170 Representatives and one appointed by the minority leader of the
5171 Senate.

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Bill No. 6651
5172 Sec. 149. Section 10-384 of the general statutes is repealed and the
5173 following is substituted in lieu thereof (Effective July 1, 2011):

5174 The [Connecticut Commission on Culture and Tourism]


5175 Department of Economic and Community Development, with the
5176 concurrence of the State Archaeologist, may examine sites and lands to
5177 determine if such sites or lands are of state or national archaeological
5178 importance and meet all the requirements for listing on the National
5179 Register (16 USC 470a) or the state register of historic places defined in
5180 section 10-410, as amended by this act. Upon determination that any
5181 site or land investigated is of state or national archaeological
5182 importance, the [commission] department may declare such site or
5183 land to be a state archaeological preserve, provided (1) each property
5184 owner of any private site or land proposed for designation has been
5185 informed of the implications of the designation and consented in
5186 writing to such designation, (2) the state agency with custody or
5187 control of any public land has been notified in writing of the proposed
5188 designation and (3) written recommendations on the proposal have
5189 been sent to the [commission] department by the State Archaeologist
5190 and, if there is evidence of Native American activity, the Native
5191 American Heritage Advisory Council established pursuant to section
5192 10-382, as amended by this act. The [commission] department shall
5193 cause notice of such designation to be filed on the land records in the
5194 town where such preserve is located.

5195 Sec. 150. Subsection (a) of section 10-385 of the general statutes is
5196 repealed and the following is substituted in lieu thereof (Effective July
5197 1, 2011):

5198 (a) The [Connecticut Commission on Culture and Tourism]


5199 Department of Economic and Community Development shall adopt
5200 regulations in accordance with the provisions of chapter 54 for the
5201 establishment, care, use and management of sites or lands designated
5202 as state archaeological preserves pursuant to section 10-384, as
5203 amended by this act.

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Bill No. 6651
5204 Sec. 151. Section 10-386 of the general statutes is repealed and the
5205 following is substituted in lieu thereof (Effective July 1, 2011):

5206 (a) No person may conduct an archaeological investigation on state


5207 lands or on a state archaeological preserve without a permit from the
5208 [Connecticut Commission on Culture and Tourism] Department of
5209 Economic and Community Development. Any such permit shall be
5210 issued with the concurrence of the State Archaeologist. The applicant
5211 shall submit an application on such form as the [commission]
5212 department may prescribe and with such information as the
5213 [commission] department, after consultation with the State
5214 Archaeologist and the advisory council established pursuant to section
5215 10-382, as amended by this act, deems necessary, including, but not
5216 limited to, the time, scope, location and specific purpose of the
5217 proposed research. The applicant shall submit (1) evidence satisfactory
5218 to the [commission] department of qualifications to perform the
5219 excavation, including evidence of experience, training and knowledge;
5220 (2) an excavation plan for the site satisfactory to the [commission]
5221 department which includes provisions on the method of excavation
5222 and (3) a written statement that upon completion of the excavation the
5223 applicant shall submit a report of the investigation which shall include
5224 a description of archaeological artifacts discovered and relevant maps,
5225 documents, drawings and photographs. No permit shall be issued for
5226 an investigation that would disturb a known Native American
5227 cemetery, burial site or other sacred site without the review of the
5228 advisory council established pursuant to section 10-382, as amended
5229 by this act. Failure to comply with the terms of a permit issued under
5230 this section shall be grounds to deny a subsequent permit.

5231 (b) The [commission] department shall adopt regulations in


5232 accordance with the provisions of chapter 54 establishing procedures
5233 for the issuance of permits required under this section. Such
5234 regulations shall be developed with the concurrence of the State
5235 Archaeologist.

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Bill No. 6651
5236 (c) Notwithstanding the provisions of this section, the [commission]
5237 department, in consultation with the State Archaeologist, may
5238 authorize an archaeological investigation without a permit if time for
5239 investigation is limited.

5240 (d) The applicant shall pay the cost of reburial of any human
5241 skeletal remains discovered in accordance with the terms and
5242 conditions of a permit issued under this section.

5243 Sec. 152. Section 10-387 of the general statutes is repealed and the
5244 following is substituted in lieu thereof (Effective July 1, 2011):

5245 Each state department, institution and agency shall review, in


5246 consultation with the [Connecticut Commission on Culture and
5247 Tourism] Department of Economic and Community Development,
5248 their policies and practices for consistency with the preservation and
5249 study of the state's archaeological sites and sacred lands and sites.
5250 Such review shall include preparation of an evaluation document
5251 which specifies projects and programs requiring detailed consultation
5252 to identify and protect archaeological sites and sacred lands and sites.
5253 Any project submitted to the [commission] department for review
5254 under the provisions of sections 22a-1a to 22a-1f, inclusive, is exempt
5255 from the provisions of this section.

5256 Sec. 153. Section 10-388 of the general statutes is repealed and the
5257 following is substituted in lieu thereof (Effective July 1, 2011):

5258 (a) Any person who knows or reasonably believes that any human
5259 burials or human skeletal remains are being or about to be disturbed,
5260 destroyed, defaced, removed or exposed shall immediately notify the
5261 Chief Medical Examiner and State Archaeologist of such fact. If human
5262 burials or human skeletal remains are encountered during construction
5263 or agricultural, archaeological or other activity that might alter,
5264 destroy or otherwise impair the integrity of such burials or remains,
5265 the activity shall cease and not resume unless authorized by the Chief
5266 Medical Examiner and the State Archaeologist provided such

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Bill No. 6651
5267 authorization shall be made within five days of completion of the
5268 investigation of the Chief Medical Examiner pursuant to subsection (b)
5269 of this section.

5270 (b) After notification under subsection (a) of this section, the Chief
5271 Medical Examiner shall determine if the remains represent a human
5272 death required to be investigated under section 19a-406. After
5273 completion of his investigation, if the Chief Medical Examiner
5274 determines that the remains may be the remains of a Native American
5275 or were found in the subsurface and buried for more than fifty years,
5276 the Chief Medical Examiner shall notify the State Archaeologist of such
5277 fact. The State Archaeologist, upon such notification, shall in
5278 consultation with the [Connecticut Commission on Culture and
5279 Tourism] Department of Economic and Community Development, the
5280 Native American Heritage Advisory Council, established under
5281 section 10-382, as amended by this act, the Commissioner of
5282 Environmental Protection, and the landowner determine, within
5283 seventy-two hours, if the site where such remains were discovered can
5284 be preserved in situ and protected by a preservation restriction as
5285 defined in section 47-42a.

5286 (c) If in situ preservation is not prudent and feasible or not agreed to
5287 by the landowner, the State Archaeologist, upon consultation with the
5288 landowner and, if appropriate, the Native American Heritage
5289 Advisory Council, the [Connecticut Commission on Culture and
5290 Tourism] Department of Economic and Community Development, and
5291 the Commissioner of Environmental Protection shall, if feasible,
5292 provide for removal and reburial of the remains at another location or
5293 for additional archaeological investigations and scientific analysis
5294 prior to reburial. Any excavation and recovery of remains by the State
5295 Archaeologist shall be completed not more than five business days
5296 after notification by the Chief Medical Examiner under this section
5297 unless the landowner consents to additional days.

5298 (d) Human skeletal remains discovered during archaeological

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Bill No. 6651
5299 investigation shall be excavated under the supervision of the State
5300 Archaeologist, pursuant to a written agreement between the State
5301 Archaeologist and the holder of the permit specifying the excavation,
5302 methods to be used and data to be collected. Due care shall be
5303 exercised during excavation, subsequent transport and storage of
5304 skeletal remains to insure that the sacred meanings of the remains for
5305 Native Americans are respected and protected.

5306 (e) The provisions of this section shall not be construed to require
5307 the owner of private lands on which human skeletal remains are found
5308 to pay the costs of excavation, removal analysis or reburial of such
5309 remains.

5310 Sec. 154. Subsection (a) of section 10-389 of the general statutes is
5311 repealed and the following is substituted in lieu thereof (Effective July
5312 1, 2011):

5313 (a) Notwithstanding the provisions of sections 7-67 and 7-69, the
5314 State Archaeologist, in consultation with the [Connecticut Commission
5315 on Culture and Tourism] Department of Economic and Community
5316 Development, the Native American Heritage Advisory Council
5317 established under section 10-382, as amended by this act, the
5318 Commissioner of Environmental Protection and the archaeological
5319 community, shall adopt regulations in accordance with the provisions
5320 of chapter 54 establishing procedures for the storage, analysis and
5321 reburial of human skeletal remains discovered during an
5322 archaeological investigation.

5323 Sec. 155. Section 10-391 of the general statutes is repealed and the
5324 following is substituted in lieu thereof (Effective July 1, 2011):

5325 On or before January 1, 1991, the [Connecticut Commission on


5326 Culture and Tourism] Department of Economic and Community
5327 Development, in consultation with the State Archaeologist, the Native
5328 American Heritage Advisory Council established under section 10-382,
5329 as amended by this act, and the Commissioner of Environmental

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Bill No. 6651
5330 Protection, shall develop procedures to inventory Native American
5331 burial sites and cemeteries. Such procedures shall provide for the
5332 availability of the inventory to state agencies, departments and
5333 institutions.

5334 Sec. 156. Section 10-395 of the general statutes is repealed and the
5335 following is substituted in lieu thereof (Effective July 1, 2011):

5336 There is established an account within the General Fund to be


5337 known as the ["Connecticut Commission on Culture and Tourism]
5338 "culture and tourism account". The account shall contain all moneys
5339 required by law to be deposited in the account. [, including moneys
5340 received pursuant to section 10-398.]

5341 Sec. 157. Section 10-425 of the general statutes is repealed and the
5342 following is substituted in lieu thereof (Effective July 1, 2011):

5343 (a) [Not later than October 1, 2008, the executive director of the
5344 Connecticut Commission on Culture and Tourism] The Commissioner
5345 of Economic and Community Development shall establish a Sports
5346 Advisory Board within the [commission] department that shall advise
5347 the [executive director] commissioner on the most effective ways to
5348 utilize state resources to promote, attract and market in-state
5349 professional and amateur sports and sporting events. Such board shall
5350 also advise the [executive director] commissioner on ways to
5351 coordinate the use of state-owned facilities in order to enhance sports-
5352 related tourism in the state and develop methods for the dissemination
5353 of information concerning in-state professional and amateur sports
5354 and sporting events to residents of the state and the northeast.

5355 (b) Such advisory board shall consist of one member from each of
5356 the following entities: (1) The University of Connecticut's Athletic
5357 Department; (2) the Connecticut State University System's Athletic
5358 Department; (3) the XL Center; (4) Northland AEG; (5) the Traveler's
5359 Championship Golf Tournament; (6) the Pilot Pen Tennis Tournament;
5360 (7) the Special Olympics; (8) the Mohegan Sun Arena; (9) Foxwoods

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Bill No. 6651
5361 Resort Casino; (10) Lime Rock Park Race Track; (11) the Arena at
5362 Harbor Yard; (12) New Britain Stadium; (13) the Connecticut Marine
5363 Trades Association; (14) the Office of Policy and Management; (15) the
5364 [Department of Economic and Community Development] Culture and
5365 Tourism Advisory Committee; (16) the Capital City Economic
5366 Development Authority; (17) the Nutmeg State Games; (18) the
5367 Connecticut Interscholastic Athletic Conference; (19) Fairfield
5368 University; (20) Quinnipiac University; (21) Sacred Heart University;
5369 (22) any other entity involved in sports or sporting events that the
5370 executive director deems appropriate; (23) the Connecticut State Golf
5371 Association; and (24) Dodd Stadium.

5372 (c) The first meeting of the Sports Advisory Board shall convene not
5373 later than November 15, 2008, and the advisory board shall meet not
5374 less than once per calendar quarter thereafter. The advisory board shall
5375 provide any recommendations of the advisory board to the [executive
5376 director] commissioner not later than thirty days after any such
5377 meeting.

5378 (d) The members of the advisory board may select a chairperson
5379 from among its membership who shall be responsible for the
5380 scheduling and conducting of any such meeting.

5381 (e) The [Connecticut Commission on Culture and Tourism]


5382 Department of Economic and Community Development shall provide
5383 staff support to the board.

5384 (f) Not later than thirty days prior to each regular session of the
5385 General Assembly, the [executive director of the Connecticut
5386 Commission on Culture and Tourism] Commissioner of Economic and
5387 Community Development shall submit a report to the joint standing
5388 committee of the General Assembly having cognizance of matters
5389 relating to commerce that includes information on the status of the
5390 Sports Advisory Board's activities, the implementation of any
5391 recommendations of such advisory board and any legislative
5392 proposals related to such recommendations.

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Bill No. 6651
5393 Sec. 158. Subsection (b) of section 10a-111a of the general statutes is
5394 repealed and the following is substituted in lieu thereof (Effective
5395 July 1, 2011):

5396 (b) The State Historian shall: (1) Be a member of the [Connecticut
5397 Commission on Culture and Tourism, established pursuant to section
5398 10-392] Culture and Tourism Advisory Committee, established
5399 pursuant to section 10-393, as amended by this act, (2) edit or supervise
5400 the editing and publication of the public records of the state, (3)
5401 provide information and advice to members of the government at all
5402 levels, (4) assist the State Board of Education in efforts to promote the
5403 teaching of history in schools and teacher preparation programs, (5)
5404 respond to requests for advice from historical societies, (6) respond to
5405 requests for information on the state's history, (7) make public
5406 appearances and addresses on the state's history, (8) prepare
5407 bibliographies and other research aids relating to the history of the
5408 state, and (9) promote by appropriate informative and educational
5409 programs the celebration or commemoration of significant historical
5410 events.

5411 Sec. 159. Subsection (b) of section 10a-112 of the general statutes is
5412 repealed and the following is substituted in lieu thereof (Effective
5413 July 1, 2011):

5414 (b) The Board of Directors of the State Museum of Natural History
5415 shall appoint a State Archaeologist and staff for the Office of
5416 Archaeology established pursuant to section 10a-112a. The State
5417 Archaeologist shall have the following powers and duties: (1) To
5418 supervise the care and study of the archaeological collection of the
5419 State Museum of Natural History; (2) to coordinate (A) the
5420 archaeological salvage of properties threatened with destruction, (B)
5421 public and private archaeological research and the encouragement of
5422 the highest possible standards in archaeological investigations, and (C)
5423 the preservation of native American and other human osteological
5424 remains and cemeteries with the [Connecticut Commission on Culture

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Bill No. 6651
5425 and Tourism] Department of Economic and Community Development,
5426 the Office of the Chief Medical Examiner, the Indian Affairs Council
5427 and other state agencies; (3) to conduct research on the state's
5428 prehistory and history and disseminate the results of such research
5429 through publications and other means; (4) to educate the public about
5430 the significance and fragility of archaeological resources; (5) to respond
5431 to inquiries about the state's archaeological resources; and (6) to
5432 maintain comprehensive site files and maps.

5433 Sec. 160. Subsection (a) of section 10a-112b of the general statutes is
5434 repealed and the following is substituted in lieu thereof (Effective
5435 July 1, 2011):

5436 (a) The Board of Directors of the State Museum of Natural History
5437 shall consist of the following: The Commissioners of Education,
5438 Environmental Protection, Economic and Community Development
5439 and Agriculture or their designees [, the director of the Connecticut
5440 Commission on Culture and Tourism, or his designee] and not more
5441 than eleven members appointed by the president of The University of
5442 Connecticut, of which seven shall be professors, at least one from each
5443 of the following fields: Anthropology or archaeology, geology,
5444 vertebrate biology, invertebrate biology, botany, systematic biology
5445 and any other field the president deems appropriate. The terms of one-
5446 third of the initial appointments shall expire one year after the date of
5447 such appointment; the terms of one-third shall expire two years after
5448 the date of such appointment and the terms of one-third shall expire
5449 three years after the date of such appointment. The president shall
5450 appoint members to succeed members whose terms expire. Such
5451 members shall serve for a term of three years. Members shall be
5452 eligible for reappointment.

5453 Sec. 161. Subsection (b) of section 10a-112g of the general statutes is
5454 repealed and the following is substituted in lieu thereof (Effective
5455 July 1, 2011):

5456 (b) There is established an advisory committee to advise the

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Bill No. 6651
5457 president of The University of Connecticut with respect to the policies,
5458 collections, programs, activities and operations of the State Museum of
5459 Art. The advisory committee shall consist of eleven members as
5460 follows: The Commissioner of Education and the Commissioner of
5461 Higher Education, or their designees; two members of the [Connecticut
5462 Commission on Culture and Tourism] Culture and Tourism Advisory
5463 Committee appointed by [said commission] the Commissioner of
5464 Economic and Community Development; and seven persons
5465 nominated by the president of The University of Connecticut and
5466 appointed by the Governor, one of whom shall be a member of the
5467 board of trustees of the university, one of whom shall be an alumnus
5468 of the university and five of whom shall be private citizens
5469 representing various geographic areas of the state and widely known
5470 for their knowledge, competence and experience in connection with
5471 the visual arts. The advisory committee shall elect a member who is a
5472 private citizen as its chairperson.

5473 Sec. 162. Subsection (b) of section 11-6a of the general statutes is
5474 repealed and the following is substituted in lieu thereof (Effective
5475 July 1, 2011):

5476 (b) There is established an advisory committee to advise the State


5477 Library Board with respect to the policies, collections, programs,
5478 activities and operations of the Raymond E. Baldwin Museum of
5479 Connecticut History and Heritage. The advisory committee shall
5480 consist of eight members as follows: The executive director of the
5481 [Connecticut Commission on] Culture and Tourism Advisory
5482 Committee; the executive director of the Connecticut Historical
5483 Society; the State Historian; and five persons appointed by the
5484 Governor, three of whom shall be experienced museum professionals.

5485 Sec. 163. Section 12-376d of the general statutes is repealed and the
5486 following is substituted in lieu thereof (Effective July 1, 2011):

5487 (a) There shall be allowed a credit against any tax due under this
5488 chapter with respect to the estate of any decedent who produced a

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5489 work of art, as defined in this section, which the beneficiaries and the
5490 fiduciary of such decedent's estate agree to transfer to the state of
5491 Connecticut if the state accepts such work, for use as an object of
5492 visual, artistic and educational display, in exchange for a credit against
5493 the succession tax applicable to the net taxable estate of such decedent.
5494 Such tax credit shall be in an amount equivalent to the fair market
5495 value of such work of art, as determined in accordance with subsection
5496 (c) of this section, provided (1) the advisory panel established under
5497 subsection (b) of this section, for purposes of certain determinations
5498 related to any such tax credit, certifies that, in the opinion of a majority
5499 of its members, such work of art should be appraised in accordance
5500 with subsection (c) of this section and subsequently certifies that, in the
5501 opinion of a majority of its members, such work of art should be
5502 accepted by the state in exchange for such tax credit as provided in this
5503 section and (2) the maximum total amount of all such tax credits which
5504 may be allowed in any single fiscal year, commencing July 1, 1987 and
5505 thereafter, whether there is one such credit in such year or more than
5506 one, shall be two hundred thousand dollars. If the fair market value of
5507 any such work of art so accepted by the state is less than the total
5508 amount of tax due with respect to the estate, tax credit shall be allowed
5509 in reduction of the amount of the total tax due. If such fair market
5510 value is in excess of the total tax due, and the fiduciary and
5511 beneficiaries of the estate approve the transfer of such work of art to
5512 the state for purposes of such tax credit, such fair market value shall be
5513 applied in payment of the entire amount of tax due and the excess of
5514 such fair market value over the amount of tax due shall, in effect, be a
5515 gift to the state. For purposes of this section a "work of art" means any
5516 work of visual art, including but not limited to, a drawing, painting,
5517 sculpture, mosaic, photograph, work of calligraphy or work of graphic
5518 art, and as the term "work of art" is used in this section it may include
5519 a single work of any such art or more than one item of such work.

5520 (b) There shall be appointed, as part of the [Connecticut


5521 Commission on Culture and Tourism] Department of Economic and
5522 Community Development, an advisory panel to consider the proposed

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5523 acceptance of any such work of art. The advisory panel shall prepare a
5524 written statement as to acceptance or rejection of any such work of art
5525 for the purposes of this section. In each instance said panel shall
5526 consist of eleven members, including the [executive director of the
5527 Connecticut Commission on Culture and Tourism] chairperson of the
5528 Culture and Tourism Advisory Committee and two generally
5529 acknowledged experts as to the particular type of visual art work
5530 under consideration, as determined by said [executive director]
5531 chairperson, with such appointments to be made by said [executive
5532 director] chairperson and approved by the [Connecticut Commission
5533 on Culture and Tourism] Culture and Tourism Advisory Committee.
5534 In addition said advisory panel shall include eight members of the
5535 General Assembly, with two of such members appointed by the
5536 president pro tempore of the Senate, one of such members appointed
5537 by the majority leader of the Senate, one of such members appointed
5538 by the minority leader of the Senate, two of such members appointed
5539 by the speaker of the House of Representatives, one of such members
5540 appointed by the majority leader of the House of Representatives and
5541 one of such members appointed by the minority leader of the House of
5542 Representatives.

5543 (c) The advisory panel appointed as provided in subsection (b) of


5544 this section shall contract with two professional appraisers possessing
5545 experience related to the type of appraisal necessary for purposes of
5546 the work of art proposed for acceptance. Each appraiser so employed
5547 shall conduct an independent appraisal of such work of art and submit
5548 findings as to the fair market value thereof to the advisory panel.
5549 Members of the advisory panel shall receive no compensation for their
5550 service as such but shall be reimbursed for their necessary expenses
5551 incurred in the performance of their duties.

5552 (d) If the advisory panel approves the acceptance of a work of art
5553 for purposes of such tax credit, the [executive director of the
5554 Connecticut Commission on Culture and Tourism] Commissioner of
5555 Economic and Community Development shall submit notification in

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5556 writing of such approval to the Commissioner of Revenue Services,
5557 including all relevant documentation concerning such approval and
5558 the amount of tax credit to be allowed. The [Connecticut Commission
5559 on Culture and Tourism] Department of Economic and Community
5560 Development is authorized by this section to accept such work of art
5561 on behalf of the state and make whatever arrangements may be
5562 necessary with other agencies of the state for the care and display of
5563 such work of art.

5564 Sec. 164. Subsection (b) of section 13a-252 of the general statutes is
5565 repealed and the following is substituted in lieu thereof (Effective
5566 July 1, 2011):

5567 (b) All expense of maintenance, repairs and operation of said ferries
5568 shall be paid by the Comptroller on vouchers of the commissioner. The
5569 commissioner shall include in his report to the General Assembly a
5570 report of the receipts and expenditures incidental to the control and
5571 maintenance of said ferries. Said Rocky Hill ferry shall be maintained
5572 as a state historic structure and shall be so marked with an appropriate
5573 plaque by the commissioner in cooperation with the [Connecticut
5574 Commission on Culture and Tourism] Department of Economic and
5575 Community Development.

5576 Sec. 165. Section 19a-315b of the general statutes is repealed and the
5577 following is substituted in lieu thereof (Effective July 1, 2011):

5578 No grave marker within any cemetery or burial place shall be


5579 destroyed, injured or removed except in accordance with the
5580 provisions of either this section or section 19a-315c, as amended by this
5581 act. Any such grave marker may be removed for the purpose of
5582 reproduction, preservation or display in an accredited museum upon
5583 (1) (A) the consent of the owner of the burial rights for the lot in which
5584 such grave marker is placed or the consent of a lineal descendant of the
5585 deceased, whose qualifications for giving such consent shall be
5586 determined by the burial ground authority, or (B) if such owner or
5587 qualified lineal descendant is unknown or does not respond within

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5588 thirty days to a request for consent sent by registered or certified mail
5589 to such person's last known address, with the consent of the burial
5590 ground authority, and (2) the order of the probate court for the district
5591 in which such burial lot is located. Upon written application of such
5592 consenting owner, qualified lineal descendant or burial ground
5593 authority, the probate court may, after a hearing, with notice of such
5594 hearing having been given to the burial ground authority, the owner,
5595 the qualified lineal descendant, the [Connecticut Commission on
5596 Culture and Tourism] Department of Economic and Community
5597 Development and otherwise as the court deems appropriate, order the
5598 removal of such grave marker if it finds that such removal is necessary
5599 or desirable for the protection and preservation of such grave marker.

5600 Sec. 166. Section 19a-315c of the general statutes is repealed and the
5601 following is substituted in lieu thereof (Effective July 1, 2011):

5602 (a) Notwithstanding the provisions of section 19a-315b, as amended


5603 by this act, a burial ground authority shall have the right to properly
5604 maintain an ancient burial place, cemetery or burial place, which right
5605 shall include: (1) Repair, rehabilitation, repositioning or resetting of
5606 grave markers in accordance with the rules and regulations of the
5607 burial ground authority; and (2) the renovation of the ancient burial
5608 place, cemetery or burial place as a whole.

5609 (b) For purposes of subsection (a), no renovation of an ancient burial


5610 place, cemetery or burial place as a whole may be commenced until
5611 after: (1) The burial ground authority has conspicuously posted within
5612 the ancient burial place, cemetery or burial place, for a period of not
5613 less than ninety days, a notice that such renovation shall take place;
5614 and (2) the burial ground authority, at least ninety days before
5615 commencing a renovation, has provided written notice to the probate
5616 court having jurisdiction over the location of the burial place and to the
5617 [Connecticut Commission on Culture and Tourism] Department of
5618 Economic and Community Development. Such notice to the probate
5619 court shall describe the renovation plans and include photographs of

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5620 any area or grave marker involved.

5621 (c) Following the notice period provided for in subsection (b) of this
5622 section, and subject to the provisions of subsection (d) of this section, a
5623 burial ground authority may renovate an ancient burial place,
5624 cemetery or burial place by: (1) The removal of any or all fencing,
5625 railing or curbing, if such removal is determined by the burial ground
5626 authority to be necessary or desirable for the proper and efficient
5627 maintenance of the ancient burial place, cemetery or burial place as a
5628 whole; and (2) the repositioning or resetting of any monument or
5629 tombstone.

5630 (d) At any time prior to the expiration of the notice period provided
5631 for in subsection (b) of this section, the probate court may assume
5632 jurisdiction over such renovation and order a hearing, with notice of
5633 such hearing to be given to the burial ground authority, the owner, the
5634 qualified lineal descendant, the [Connecticut Commission on Culture
5635 and Tourism] Department of Economic and Community Development
5636 and otherwise as the court deems appropriate, to determine whether
5637 such renovation is necessary for the proper and efficient maintenance
5638 of the ancient burial place, cemetery or burial place as a whole. Upon
5639 notice of such hearing, the burial ground authority shall not proceed
5640 with such renovation except in accordance with the order of the
5641 probate court.

5642 Sec. 167. Subsection (a) of section 22a-1d of the general statutes is
5643 repealed and the following is substituted in lieu thereof (Effective
5644 July 1, 2011):

5645 (a) Environmental impact evaluations and a summary thereof,


5646 including any negative findings shall be submitted for comment and
5647 review to the Council on Environmental Quality, the Department of
5648 Environmental Protection, [the Connecticut Commission on Culture
5649 and Tourism,] the Office of Policy and Management, the Department
5650 of Economic and Community Development in the case of a proposed
5651 action that affects existing housing, and other appropriate agencies,

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5652 and to the town clerk of each municipality affected thereby, and shall
5653 be made available to the public for inspection and comment at the
5654 same time. The sponsoring agency shall publish forthwith a notice of
5655 the availability of its environmental impact evaluation and summary
5656 in a newspaper of general circulation in the municipality at least once a
5657 week for three consecutive weeks and in the Environmental Monitor.
5658 The sponsoring agency preparing an environmental impact evaluation
5659 shall hold a public hearing on the evaluation if twenty-five persons or
5660 an association having not less than twenty-five persons requests such a
5661 hearing within ten days of the publication of the notice in the
5662 Environmental Monitor.

5663 Sec. 168. Section 22a-19b of the general statutes is repealed and the
5664 following is substituted in lieu thereof (Effective July 1, 2011):

5665 The provisions of section 22a-19a shall not apply to any property or
5666 structure, or any portion thereof, that was first listed on the state
5667 register of historic places during the month of March, 2001, if (1) the
5668 owner of such property or structure delivers or has delivered to the
5669 [director of the Connecticut Commission on Culture and Tourism]
5670 Commissioner of Economic and Community Development and to the
5671 State Historic Preservation Officer a written and notarized objection to
5672 the listing of such property or structure on the National Register of
5673 Historic Places that certifies the person's ownership of such property
5674 or structure, and (2) such objection has not been withdrawn or
5675 rescinded by the owner's written and notarized notice of withdrawal
5676 or rescission of objection.

5677 Sec. 169. Section 22a-27s of the general statutes is repealed and the
5678 following is substituted in lieu thereof (Effective July 1, 2011):

5679 (a) There is established the Face of Connecticut Steering Committee,


5680 which shall be within the Department of Environmental Protection for
5681 administrative purposes only. Such committee shall direct the
5682 expenditure of any funds deposited in the Face of Connecticut account
5683 created under section 22a-27t. The committee shall consist of the

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5684 Commissioner of Environmental Protection, the Commissioner of
5685 Economic and Community Development, or the commissioner's
5686 designee, the Commissioner of Agriculture, the [executive director of
5687 the Connecticut Commission on Culture and Tourism] chairperson of
5688 the Culture and Tourism Advisory Committee, the Secretary of the
5689 Office of Policy and Management and ten members as follows: (1) A
5690 representative of a local organization involved in historic preservation,
5691 appointed by the speaker of the House of Representatives; (2) a
5692 representative of a nonprofit organization involved in farmland
5693 preservation, appointed by the president pro tempore of the Senate; (3)
5694 a representative of a local or regional nonprofit organization involved
5695 in the preservation of open space, appointed by the majority leader of
5696 the House of Representatives; (4) a representative of a water company
5697 actively involved in land preservation, appointed by the majority
5698 leader of the Senate; (5) a representative of the agricultural industry,
5699 appointed by the minority leader of the House of Representatives; (6) a
5700 representative of a state-wide nonprofit involved in the preservation of
5701 open space, appointed by the minority leader of the Senate; (7) a
5702 representative of a state-wide nonprofit organization involved in
5703 historic preservation, appointed by the Governor; (8) a representative
5704 of an organization involved with community redevelopment,
5705 appointed by the Governor; (9) a representative of the legislative
5706 Brownfields Task Force, appointed by the speaker of the House of
5707 Representatives; and (10) a representative of the environmental law
5708 section of the Connecticut Bar Association who is involved with
5709 brownfields remediation, appointed by the president pro tempore of
5710 the Senate.

5711 (b) All initial appointments to the committee shall be made not later
5712 than September 1, 2008. The term of each appointed member of the
5713 steering committee shall be coterminous with the term of the
5714 appointing authority or until a successor is chosen, whichever is later.
5715 The Commissioner of Environmental Protection shall serve as the
5716 chairperson of the committee for the two years following the
5717 appointment of the committee, followed first by the Commissioner of

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5718 Agriculture for two years [and subsequently by the executive director
5719 of the Connecticut Commission on Culture and Tourism for two years]
5720 and subsequently by the Commissioner of Economic and Community
5721 Development or said commissioner's designee for two years. Such
5722 rotation shall repeat every two years thereafter in the order specified in
5723 this subsection, except that if there is a vacancy in one of said
5724 positions, one of the other commissioners or the executive director
5725 may serve as chairperson until the vacancy is filled.

5726 (c) The committee shall meet quarterly.

5727 Sec. 170. Subsection (c) of section 25-102qq of the general statutes is
5728 repealed and the following is substituted in lieu thereof (Effective
5729 July 1, 2011):

5730 (c) If the commissioner undertakes to establish such a program, he


5731 shall establish a River Protection Advisory Committee to assist him in
5732 developing the river protection program. The committee shall consist
5733 of the following members whose terms shall expire on October 1, 1992:
5734 (1) The Commissioners of Public Health, Transportation, Economic
5735 and Community Development and Agriculture, the Secretary of the
5736 Office of Policy and Management [, the director of the Connecticut
5737 Commission on Culture and Tourism,] and the State Archaeologist, or
5738 their designees; and (2) two members representing the business
5739 community, two members representing public service companies,
5740 seven members representing environmental and recreational
5741 organizations, four members representing river protection
5742 organizations, one member representing municipalities with a river or
5743 river segment within their borders, two members representing
5744 regional planning agencies, three members representing related
5745 professional practices and one member representing the public, which
5746 members shall be appointed by the commissioner. On and after
5747 October 1, 1992, the committee's membership shall consist of: (1) The
5748 Commissioners of Public Health, Transportation, Economic and
5749 Community Development and Agriculture, the Secretary of the Office

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5750 of Policy and Management, [the director of the Connecticut
5751 Commission on Culture and Tourism,] and the State Archaeologist, or
5752 their designees; and (2) one member representing the business
5753 community, and one member representing a related professional
5754 practice appointed by the Governor; one member representing an
5755 environmental or recreational organization, one member representing
5756 a river protection organization and one member representing a related
5757 professional practice appointed by the president pro tempore of the
5758 Senate; one member representing an environmental or recreational
5759 organization, one member representing a river protection organization
5760 and one member representing a related professional practice
5761 appointed by the speaker of the House of Representatives; one
5762 member representing an environmental or recreational organization,
5763 one member representing a municipality with a river or river segment
5764 within its borders and one member representing the business
5765 community appointed by the majority leader of the Senate; two
5766 members representing an environmental or recreational organization,
5767 one member representing a river protection organization and one
5768 member representing a public service company appointed by the
5769 minority leader of the Senate; one member representing an
5770 environmental or recreational organization, one member representing
5771 a public service company and one member representing a regional
5772 planning agency appointed by the majority leader of the House of
5773 Representatives; one member representing an environmental or
5774 recreational organization, one member representing a river protection
5775 organization, one member of the public and one member representing
5776 a regional planning agency appointed by the minority leader of the
5777 House of Representatives.

5778 Sec. 171. Subsection (b) of section 25-109q of the general statutes is
5779 repealed and the following is substituted in lieu thereof (Effective July
5780 1, 2011):

5781 (b) The council shall consist of: A representative of the office of the
5782 Governor; the Commissioner of Environmental Protection, or his

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5783 designee; the Commissioner of Economic and Community
5784 Development, or his or her designee; the chairperson of the
5785 [Connecticut Commission on Culture and Tourism] Culture and
5786 Tourism Advisory Committee, or his or her designee; the chairperson
5787 of the Northeastern Connecticut Council of Governments, or his or her
5788 designee; the chairperson of the Southeastern Connecticut Council of
5789 Governments, or his or her designee; and the chairperson of the
5790 Windham Regional Planning Agency, or his or her designee. The
5791 council shall further consist of the following members appointed by
5792 the Governor: Three chief elected officials from towns listed in section
5793 104 of said act; two persons from any such town who represent
5794 economic development or business interests; two persons from any
5795 such town who represent tourism districts within the corridor; two
5796 persons from any such town who represent land conservation or
5797 outdoor recreation interests; two persons from any such town who
5798 represent historic preservation or cultural history interests; and one
5799 person engaged in agriculture in any such town. Vacancies on the
5800 advisory council shall be filled in the same manner as original
5801 appointments.

5802 Sec. 172. Subsection (b) of section 29-259 of the general statutes is
5803 repealed and the following is substituted in lieu thereof (Effective July
5804 1, 2011):

5805 (b) Any person, agent of the state, municipality or any other
5806 political subdivision of the state may apply to the State Building
5807 Inspector and the Codes and Standards Committee to modify or set
5808 aside standards for historic buildings incorporated in the State
5809 Building Code. The State Building Inspector shall, within seven days of
5810 receipt of any such application, forward a copy of such application to
5811 the director of the Office of Protection and Advocacy for Persons with
5812 Disabilities and to the [director of the Connecticut Commission on
5813 Culture and Tourism] Commissioner of Economic and Community
5814 Development. [Each of said directors] Said director and commissioner
5815 shall, within thirty days of receipt, review such application and make

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5816 such written recommendations as [he] each deems appropriate to the
5817 State Building Inspector and the Codes and Standards Committee
5818 concerning the disposition of such application. The recommendations
5819 of [such directors] said director and commissioner shall be part of the
5820 records and documents of the State Building Inspector concerning such
5821 application. The State Building Inspector and the Codes and Standards
5822 Committee shall consider such written recommendations when acting
5823 upon such application and may set aside or modify an individual
5824 standard or specification when they jointly determine that it would not
5825 be feasible or would unreasonably complicate the construction,
5826 alteration or repair in question and where alternative methods and
5827 materials have been proposed to maintain certain features. Such
5828 determination shall be in writing, shall state the reasons therefor and if
5829 it sets aside any such standard of specification, a copy of such
5830 determination shall be sent to each of said [directors] director and
5831 commissioner.

5832 Sec. 173. Subsection (a) of section 32-6a of the general statutes is
5833 repealed and the following is substituted in lieu thereof (Effective July
5834 1, 2011):

5835 (a) For the purposes of encouraging quality tourism and


5836 contributing to an overall historic preservation program there is
5837 established a Committee for the Restoration of Historic Assets in
5838 Connecticut which shall consist of the Commissioner of Economic and
5839 Community Development, the chairman of the Governor's Vacation
5840 Council, the [chairman of the Connecticut Commission on Culture and
5841 Tourism] chairperson of the Culture and Tourism Advisory
5842 Committee and two public members appointed by the Governor on or
5843 before December 1, 1977, for a term to expire on February 1, 1979.
5844 Thereafter terms of members appointed to succeed those whose terms
5845 expire shall be for two years and until successors are appointed. The
5846 Commissioner of Economic and Community Development may
5847 provide grants or loans as approved by the committee for projects of
5848 historic preservation and restoration from the Restoration of Historic

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5849 Assets in Connecticut Fund established with the proceeds of the bonds
5850 issued pursuant to subdivision (2) of subsection (g) of section 2 of
5851 special act 77-47. For the purposes of this section, "historical asset"
5852 means any building, structure, object or site that is significant in
5853 American history, architecture, archaeology or culture or property
5854 used in connection therewith. Such grants and loans may be used, in
5855 part, for the installation or restoration of supportive improvements.
5856 Supportive improvements may include, but shall not be limited to,
5857 parking lots, office space, sanitary facilities, utilities necessary to make
5858 a building functional, information booths, provisions for the
5859 handicapped, improvements necessary to bring such asset into
5860 conformance with local ordinances, or any other improvements
5861 necessary to return the property to a state of utility provided that any
5862 such supportive improvement shall not alter, destroy or detract from
5863 the distinctive historical, aesthetic, archaeological, architectural,
5864 cultural or stylistic qualities or characteristics of the historic asset or its
5865 environment. The Commissioner of Economic and Community
5866 Development with the advice and consent of the committee shall
5867 promulgate such regulations as may be necessary to carry out the
5868 provisions of this section.

5869 Sec. 174. Subsection (i) of section 10-217a of the general statutes is
5870 repealed and the following is substituted in lieu thereof (Effective July
5871 1, 2011):

5872 (i) Notwithstanding the provisions of this section, for the fiscal years
5873 ending June 30, 2008, to June 30, [2011] 2013, inclusive, the amount of
5874 the grants payable to local or regional boards of education in
5875 accordance with this section shall be reduced proportionately if the
5876 total of such grants in such year exceeds the amount appropriated for
5877 purposes of this section.

5878 Sec. 175. Subsection (b) of section 10-281 of the general statutes is
5879 repealed and the following is substituted in lieu thereof (Effective July
5880 1, 2011):

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5881 (b) Notwithstanding the provisions of this section, for the fiscal
5882 years ending June 30, 2004, to June 30, [2011] 2013, inclusive, the
5883 amount of the grants payable to local or regional boards of education
5884 in accordance with this section shall be reduced proportionately if the
5885 total of such grants in such year exceeds the amount appropriated for
5886 purposes of this section.

5887 Sec. 176. Subsection (d) of section 10-71 of the general statutes is
5888 repealed and the following is substituted in lieu thereof (Effective July
5889 1, 2011):

5890 (d) Notwithstanding the provisions of this section, for the fiscal
5891 years ending June 30, 2004, to June 30, [2011] 2013, inclusive, the
5892 amount of the grants payable to towns, regional boards of education or
5893 regional educational service centers in accordance with this section
5894 shall be reduced proportionately if the total of such grants in such year
5895 exceeds the amount appropriated for the purposes of this section for
5896 such year.

5897 Sec. 177. Section 10-17g of the general statutes is repealed and the
5898 following is substituted in lieu thereof (Effective July 1, 2011):

5899 Annually, the board of education for each local and regional school
5900 district that is required to provide a program of bilingual education,
5901 pursuant to section 10-17f, may make application to the State Board of
5902 Education and shall thereafter receive a grant in an amount equal to
5903 the product obtained by multiplying the total appropriation available
5904 for such purpose by the ratio which the number of eligible children in
5905 the school district bears to the total number of such eligible children
5906 state-wide. The board of education for each local and regional school
5907 district receiving funds pursuant to this section shall annually, on or
5908 before September first, submit to the State Board of Education a
5909 progress report which shall include (1) measures of increased
5910 educational opportunities for eligible students, including language
5911 support services and language transition support services provided to
5912 such students, (2) program evaluation and measures of the

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5913 effectiveness of its bilingual education and English as a second
5914 language programs, including data on students in bilingual education
5915 programs and students educated exclusively in English as a second
5916 language programs, and (3) certification by the board of education
5917 submitting the report that any funds received pursuant to this section
5918 have been used for the purposes specified. The State Board of
5919 Education shall annually evaluate programs conducted pursuant to
5920 section 10-17f. For purposes of this section, measures of the
5921 effectiveness of bilingual education and English as a second language
5922 programs include state-wide mastery examination results and
5923 graduation and school dropout rates. Notwithstanding the provisions
5924 of this section, for the fiscal years ending June 30, 2009, to June 30,
5925 [2011] 2013, inclusive, the amount of grants payable to local or regional
5926 boards of education under this section shall be reduced
5927 proportionately if the total of such grants in such year exceeds the
5928 amount appropriated for such grants for such year.

5929 Sec. 178. Subsection (f) of section 10-66j of the general statutes is
5930 repealed and the following is substituted in lieu thereof (Effective July
5931 1, 2011):

5932 (f) Notwithstanding the provisions of this section, for the fiscal
5933 years ending June 30, 2004, to June 30, [2011] 2013, inclusive, the
5934 amount of grants payable to regional educational service centers shall
5935 be reduced proportionately if the total of such grants in such year
5936 exceeds the amount appropriated for such grants for such year.

5937 Sec. 179. Subdivisions (2) and (3) of subsection (e) of section 10-76d
5938 of the general statutes are repealed and the following is substituted in
5939 lieu thereof (Effective July 1, 2011):

5940 (2) For purposes of this subdivision, "public agency" includes the
5941 offices of a government of a federally recognized Native American
5942 tribe. Notwithstanding any other provisions of the general statutes, for
5943 the fiscal year ending June 30, 1987, and each fiscal year thereafter,
5944 whenever a public agency, other than a local or regional board of

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5945 education, the State Board of Education or the Superior Court acting
5946 pursuant to section 10-76h, places a child in a foster home, group
5947 home, hospital, state institution, receiving home, custodial institution
5948 or any other residential or day treatment facility, and such child
5949 requires special education, the local or regional board of education
5950 under whose jurisdiction the child would otherwise be attending
5951 school or, if no such board can be identified, the local or regional board
5952 of education of the town where the child is placed, shall provide the
5953 requisite special education and related services to such child in
5954 accordance with the provisions of this section. Within one business day
5955 of such a placement by the Department of Children and Families or
5956 offices of a government of a federally recognized Native American
5957 tribe, said department or offices shall orally notify the local or regional
5958 board of education responsible for providing special education and
5959 related services to such child of such placement. The department or
5960 offices shall provide written notification to such board of such
5961 placement within two business days of the placement. Such local or
5962 regional board of education shall convene a planning and placement
5963 team meeting for such child within thirty days of the placement and
5964 shall invite a representative of the Department of Children and
5965 Families or offices of a government of a federally recognized Native
5966 American tribe to participate in such meeting. (A) The local or regional
5967 board of education under whose jurisdiction such child would
5968 otherwise be attending school shall be financially responsible for the
5969 reasonable costs of such special education and related services in an
5970 amount equal to the lesser of one hundred per cent of the costs of such
5971 education or the average per pupil educational costs of such board of
5972 education for the prior fiscal year, determined in accordance with the
5973 provisions of subsection (a) of section 10-76f. The State Board of
5974 Education shall pay on a current basis, except as provided in
5975 subdivision (3) of this subsection, any costs in excess of such local or
5976 regional board's basic contributions paid by such board of education in
5977 accordance with the provisions of this subdivision. (B) Whenever a
5978 child is placed pursuant to this subdivision, on or after July 1, 1995, by

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5979 the Department of Children and Families and the local or regional
5980 board of education under whose jurisdiction such child would
5981 otherwise be attending school cannot be identified, the local or
5982 regional board of education under whose jurisdiction the child
5983 attended school or in whose district the child resided at the time of
5984 removal from the home by said department shall be responsible for the
5985 reasonable costs of special education and related services provided to
5986 such child, for one calendar year or until the child is committed to the
5987 state pursuant to section 46b-129 or 46b-140 or is returned to the child's
5988 parent or guardian, whichever is earlier. If the child remains in such
5989 placement beyond one calendar year the Department of Children and
5990 Families shall be responsible for such costs. During the period the local
5991 or regional board of education is responsible for the reasonable cost of
5992 special education and related services pursuant to this subparagraph,
5993 the board shall be responsible for such costs in an amount equal to the
5994 lesser of one hundred per cent of the costs of such education and
5995 related services or the average per pupil educational costs of such
5996 board of education for the prior fiscal year, determined in accordance
5997 with the provisions of subsection (a) of section 10-76f. The State Board
5998 of Education shall pay on a current basis, except as provided in
5999 subdivision (3) of this subsection, any costs in excess of such local or
6000 regional board's basic contributions paid by such board of education in
6001 accordance with the provisions of this subdivision. The costs for
6002 services other than educational shall be paid by the state agency which
6003 placed the child. The provisions of this subdivision shall not apply to
6004 the school districts established within the Department of Children and
6005 Families, pursuant to section 17a-37, the Department of Correction,
6006 pursuant to section 18-99a, or the Department of Developmental
6007 Services, pursuant to section 17a-240, provided in any case in which
6008 special education is being provided at a private residential institution,
6009 including the residential components of regional educational service
6010 centers, to a child for whom no local or regional board of education
6011 can be found responsible under subsection (b) of this section, Unified
6012 School District #2 shall provide the special education and related

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6013 services and be financially responsible for the reasonable costs of such
6014 special education instruction for such children. Notwithstanding the
6015 provisions of this subdivision, for the fiscal years ending June 30, 2004,
6016 to June 30, 2007, inclusive, and for the fiscal years ending June 30, 2010,
6017 [and June 30, 2011] to June 30, 2013, inclusive, the amount of the grants
6018 payable to local or regional boards of education in accordance with
6019 this subdivision shall be reduced proportionately if the total of such
6020 grants in such year exceeds the amount appropriated for the purposes
6021 of this subdivision for such year.

6022 (3) Payment for children who require special education and who
6023 reside on state-owned or leased property or in permanent family
6024 residences as defined in section 17a-154, and who are not the
6025 educational responsibility of the unified school districts established
6026 pursuant to section 17a-37, section 17a-240 or section 18-99a, shall be
6027 made in the following manner: The State Board of Education shall pay
6028 to the school district which is responsible for providing instruction for
6029 each such child pursuant to the provisions of this subsection one
6030 hundred per cent of the reasonable costs of such instruction. In the
6031 fiscal year following such payment, the State Board of Education shall
6032 deduct from the special education grant due the local or regional board
6033 of education under whose jurisdiction the child would otherwise be
6034 attending school, where such board has been identified, the amount
6035 for which such board would otherwise have been financially
6036 responsible pursuant to the provisions of subdivision (2) of this
6037 subsection. No such deduction shall be made for any school district
6038 which is responsible for providing special education instruction for
6039 children whose parents or legal guardians do not reside within such
6040 district. The amount deducted shall be included as a net cost of special
6041 education by the Department of Education for purposes of the state's
6042 special education grant calculated pursuant to section 10-76g, as
6043 amended by this act. A school district otherwise eligible for
6044 reimbursement under the provisions of this subdivision for the costs of
6045 education of a child residing in a permanent family residence shall
6046 continue to be so eligible in the event that a person providing foster

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6047 care in such residence adopts the child. Notwithstanding the
6048 provisions of this subdivision, for the fiscal years ending June 30, 2004,
6049 and June 30, 2005, and for the fiscal years ending June 30, 2012, and
6050 June 30, 2013, the amount of the grants payable to local or regional
6051 boards of education in accordance with this subdivision shall be
6052 reduced proportionately if the total of such grants in such year exceeds
6053 the amount appropriated for the purposes of this subdivision for such
6054 year.

6055 Sec. 180. Subsection (d) of section 10-76g of the general statutes is
6056 repealed and the following is substituted in lieu thereof (Effective July
6057 1, 2011):

6058 (d) Notwithstanding the provisions of this section, for the fiscal
6059 years ending June 30, 2004, to June 30, 2007, inclusive, and for the fiscal
6060 years ending June 30, 2010, [and June 30, 2011] to June 30, 2013,
6061 inclusive, the amount of the grants payable to local or regional boards
6062 of education in accordance with this section, except grants paid in
6063 accordance with subdivision (2) of subsection (a) of this section, for the
6064 fiscal years ending June 30, 2006, and June 30, 2007, and for the fiscal
6065 years ending June 30, 2010, [and June 30, 2011] to June 30, 2013,
6066 inclusive, shall be reduced proportionately if the total of such grants in
6067 such year exceeds the amount appropriated for the purposes of this
6068 section for such year.

6069 Sec. 181. Subsection (b) of section 10-253 of the general statutes is
6070 repealed and the following is substituted in lieu thereof (Effective July
6071 1, 2011):

6072 (b) The board of education of the school district under whose
6073 jurisdiction a child would otherwise be attending school shall be
6074 financially responsible for the reasonable costs of education for a child
6075 placed out by the Commissioner of Children and Families or by other
6076 agencies, including, but not limited to, offices of a government of a
6077 federally recognized Native American tribe, in a private residential
6078 facility when such child requires educational services other than

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6079 special education services. Such financial responsibility shall be the
6080 lesser of one hundred per cent of the costs of such education or the
6081 average per pupil educational costs of such board of education for the
6082 prior fiscal year, determined in accordance with subsection (a) of
6083 section 10-76f. Any costs in excess of the boards' basic contribution
6084 shall be paid by the State Board of Education on a current basis. The
6085 costs for services other than educational shall be paid by the state
6086 agency which placed the child. Application for the grant to be paid by
6087 the state for costs in excess of the local or regional board of education's
6088 basic contribution shall be made in accordance with the provisions of
6089 subdivision (5) of subsection (e) of section 10-76d. Notwithstanding the
6090 provisions of this subsection, for the fiscal years ending June 30, 2004,
6091 to June 30, 2007, inclusive, and for the fiscal years ending June 30, 2010,
6092 [and June 30, 2011] to June 30, 2013, inclusive, the amount of the grants
6093 payable to local or regional boards of education in accordance with
6094 this subsection shall be reduced proportionately if the total of such
6095 grants in such year exceeds the amount appropriated for the purposes
6096 of this subsection for such year.

6097 Sec. 182. Subdivision (4) of subsection (a) of section 10-266m of the
6098 general statutes is repealed and the following is substituted in lieu
6099 thereof (Effective July 1, 2011):

6100 (4) Notwithstanding the provisions of this section, for the fiscal
6101 years ending June 30, 2004, to June 30, [2011] 2013, inclusive, the
6102 amount of transportation grants payable to local or regional boards of
6103 education shall be reduced proportionately if the total of such grants in
6104 such year exceeds the amount appropriated for such grants for such
6105 year.

6106 Sec. 183. Subsection (c) of section 10-264l of the general statutes is
6107 repealed and the following is substituted in lieu thereof (Effective July
6108 1, 2011):

6109 (c) (1) The maximum amount each interdistrict magnet school
6110 program, except those described in subparagraphs (A) to (F), inclusive,

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6111 of subdivision (3) of this subsection, shall be eligible to receive per
6112 enrolled student who is not a resident of the town operating the
6113 magnet school shall be (A) six thousand sixteen dollars for the fiscal
6114 year ending June 30, 2008, and (B) six thousand seven hundred thirty
6115 dollars for the fiscal years ending June 30, 2009, to June 30, [2011] 2013,
6116 inclusive. The per pupil grant for each enrolled student who is a
6117 resident of the town operating the magnet school program shall be
6118 three thousand dollars for the fiscal year ending June 30, 2008, and
6119 each fiscal year thereafter.

6120 (2) For the fiscal year ending June 30, 2003, and each fiscal year
6121 thereafter, the commissioner may, within available appropriations,
6122 provide supplemental grants for the purposes of enhancing
6123 educational programs in such interdistrict magnet schools, as the
6124 commissioner determines. Such grants shall be made after the
6125 commissioner has conducted a comprehensive financial review and
6126 approved the total operating budget for such schools, including all
6127 revenue and expenditure estimates.

6128 (3) (A) Except as otherwise provided in subparagraphs (C) to (F),


6129 inclusive, of this subdivision, each interdistrict magnet school operated
6130 by a regional educational service center that enrolls less than fifty-five
6131 per cent of the school's students from a single town shall receive a per
6132 pupil grant in the amount of (i) six thousand two hundred fifty dollars
6133 for the fiscal year ending June 30, 2006, (ii) six thousand five hundred
6134 dollars for the fiscal year ending June 30, 2007, (iii) seven thousand
6135 sixty dollars for the fiscal year ending June 30, 2008, and (iv) seven
6136 thousand six hundred twenty dollars for the fiscal year ending June 30,
6137 2009, and each fiscal year thereafter.

6138 (B) Except as otherwise provided in subparagraphs (C) to (F),


6139 inclusive, of this subdivision, each interdistrict magnet school operated
6140 by a regional educational service center that enrolls at least fifty-five
6141 per cent of the school's students from a single town shall receive a per
6142 pupil grant for each enrolled student who is not a resident of the

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6143 district that enrolls at least fifty-five per cent of the school's students in
6144 the amount of (i) six thousand sixteen dollars for the fiscal year ending
6145 June 30, 2008, and (ii) six thousand seven hundred thirty dollars for the
6146 fiscal year ending June 30, 2009, and each fiscal year thereafter. The per
6147 pupil grant for each enrolled student who is a resident of the district
6148 that enrolls at least fifty-five per cent of the school's students shall be
6149 three thousand dollars.

6150 (C) Each interdistrict magnet school operated by a regional


6151 educational service center that began operations for the school year
6152 commencing July 1, 1998, and that for the school year commencing
6153 July 1, 2008, enrolled at least fifty-five per cent, but no more than
6154 seventy per cent of the school's students from a single town shall
6155 receive a per pupil grant for each enrolled student who is a resident of
6156 the district that enrolls at least fifty-five per cent, but no more than
6157 seventy per cent of the school's students in the amount of four
6158 thousand eight hundred ninety-four dollars for the fiscal year ending
6159 June 30, 2010, and four thousand two hundred sixty-three dollars for
6160 the fiscal year ending June 30, 2011, and a per pupil grant for each
6161 enrolled student who is not a resident of the district that enrolls at least
6162 fifty-five per cent, but no more than seventy per cent of the school's
6163 students in the amount of six thousand seven hundred thirty dollars
6164 for the fiscal years ending June 30, 2010, and June 30, 2011.

6165 (D) Each interdistrict magnet school operated by a regional


6166 educational service center that began operations for the school year
6167 commencing July 1, 2001, and that for the school year commencing
6168 July 1, 2008, enrolled at least fifty-five per cent, but no more than
6169 eighty per cent of the school's students from a single town shall receive
6170 a per pupil grant for each enrolled student who is a resident of the
6171 district that enrolls at least fifty-five per cent, but no more than eighty
6172 per cent of the school's students in the amount of four thousand two
6173 hundred fifty dollars for the fiscal year ending June 30, 2010, and three
6174 thousand eight hundred thirty-three dollars for the fiscal year ending
6175 June 30, 2011, and a per pupil grant for each enrolled student who is

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6176 not a resident of the district that enrolls at least fifty-five per cent, but
6177 no more than eighty per cent of the school's students in the amount of
6178 six thousand seven hundred thirty dollars for the fiscal years ending
6179 June 30, 2010, and June 30, 2011.

6180 (E) Each interdistrict magnet school operated by (i) a regional


6181 educational service center, (ii) the Board of Trustees of the
6182 Community-Technical Colleges on behalf of a regional community-
6183 technical college, (iii) the Board of Trustees of the Connecticut State
6184 University System on behalf of a state university, (iv) the Board of
6185 Trustees for The University of Connecticut on behalf of the university,
6186 (v) the board of governors for an independent college or university, as
6187 defined in section 10a-37, or the equivalent of such a board, on behalf
6188 of the independent college or university, (vi) cooperative arrangements
6189 pursuant to section 10-158a, and (vii) any other third-party not-for-
6190 profit corporation approved by the commissioner that enrolls less than
6191 sixty per cent of its students from Hartford pursuant to the 2008
6192 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al.,
6193 shall receive a per pupil grant in the amount of (I) nine thousand six
6194 hundred ninety-five dollars for the fiscal year ending June 30, 2010,
6195 and (II) ten thousand four hundred forty-three dollars for the fiscal
6196 [year] years ending June 30, 2011, to June 30, 2013, inclusive.

6197 (F) Each interdistrict magnet school operated by the Hartford school
6198 district, pursuant to the 2008 stipulation and order for Milo Sheff, et al.
6199 v. William A. O'Neill, et al., shall receive a per pupil grant for each
6200 enrolled student who is not a resident of the district in the amount of
6201 (i) twelve thousand dollars for the fiscal year ending June 30, 2010, and
6202 (ii) thirteen thousand fifty-four dollars for the fiscal [year] years ending
6203 June 30, 2011, to June 30, 2013, inclusive.

6204 (G) In addition to the grants described in subparagraph (F) of this


6205 subdivision, for the fiscal year ending June 30, 2010, the commissioner
6206 may, subject to the approval of the Secretary of the Office of Policy and
6207 Management and the Finance Advisory Committee, established

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6208 pursuant to section 4-93, provide supplemental grants to the Hartford
6209 school district of up to one thousand fifty-four dollars for each student
6210 enrolled at an interdistrict magnet school operated by the Hartford
6211 school district who is not a resident of such district.

6212 (4) The amounts of the grants determined pursuant to this


6213 subsection shall be proportionately adjusted, if necessary, within
6214 available appropriations, and in no case shall any grant pursuant to
6215 this section exceed the reasonable operating budget of the interdistrict
6216 magnet school program, less revenues from other sources. Any
6217 interdistrict magnet school program operating less than full-time, but
6218 at least half-time, shall be eligible to receive a grant equal to sixty-five
6219 per cent of the grant amount determined pursuant to this subsection.

6220 (5) Within available appropriations, the commissioner may make


6221 grants to the following entities that operate an interdistrict magnet
6222 school that assists the state in meeting the goals of the 2008 stipulation
6223 and order for Milo Sheff, et al. v. William A. O'Neill, et al., as
6224 determined by the commissioner and that provide academic support
6225 programs and summer school educational programs approved by the
6226 commissioner to students participating in such interdistrict magnet
6227 school program: (A) Regional educational service centers, (B) local and
6228 regional boards of education, (C) the Board of Trustees of the
6229 Community-Technical Colleges on behalf of a regional community-
6230 technical college, (D) the Board of Trustees of the Connecticut State
6231 University System on behalf of a state university, (E) the Board of
6232 Trustees for The University of Connecticut on behalf of the university,
6233 (F) the board of governors for an independent college or university, as
6234 defined in section 10a-37, or the equivalent of such a board, on behalf
6235 of the independent college or university, (G) cooperative arrangements
6236 pursuant to section 10-158a, and (H) any other third-party not-for-
6237 profit corporation approved by the commissioner.

6238 (6) Within available appropriations, the Commissioner of Education


6239 may make grants, in an amount not to exceed seventy-five thousand

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Bill No. 6651
6240 dollars, for start-up costs associated with the development of new
6241 interdistrict magnet school programs that assist the state in meeting
6242 the goals of the 2008 stipulation and order for Milo Sheff, et al. v.
6243 William A. O'Neill, et al., as determined by the commissioner, to the
6244 following entities that develop such a program: (A) Regional
6245 educational service centers, (B) local and regional boards of education,
6246 (C) the Board of Trustees of the Community-Technical Colleges on
6247 behalf of a regional community-technical college, (D) the Board of
6248 Trustees of the Connecticut State University System on behalf of a state
6249 university, (E) the Board of Trustees for The University of Connecticut
6250 on behalf of the university, (F) the board of governors for an
6251 independent college or university, as defined in section 10a-37, or the
6252 equivalent of such a board, on behalf of the independent college or
6253 university, (G) cooperative arrangements pursuant to section 10-158a,
6254 and (H) any other third-party not-for-profit corporation approved by
6255 the commissioner.

6256 Sec. 184. Subsection (o) of section 10-264l of the general statutes is
6257 repealed and the following is substituted in lieu thereof (Effective July
6258 1, 2011):

6259 (o) For the school years commencing July 1, 2009, [and July 1, 2010]
6260 to July 1, 2012, inclusive, the Hartford school district shall not charge
6261 tuition for any student enrolled in an interdistrict magnet school
6262 operated by such school district.

6263 Sec. 185. (Effective July 1, 2011) The RESC Alliance shall study issues
6264 relating to the feasibility and implementation of regional school
6265 transportation services and a uniform school calendar. Not later than
6266 October 15, 2011, the RESC Alliance shall submit a report of its
6267 findings and recommendations to the Governor.

6268 Sec. 186. (Effective July 1, 2011) The Commissioner of Education, in


6269 consultation with the Commissioner of Social Services, shall develop a
6270 plan to integrate child day care services administered by the
6271 Department of Social Services offered as part of a school readiness

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Bill No. 6651
6272 program into the school readiness programs administered by the
6273 Department of Education. Such plan shall address program eligibility,
6274 slot rates and program requirements. Not later than July 1, 2012, the
6275 Commissioner of Education shall submit such plan, with any findings
6276 and recommendations, to the Governor.

6277 Sec. 187. (Effective July 1, 2011) For the fiscal year ending June 30,
6278 2012, any unused funds appropriated to the Department of Education
6279 for Child Care Services under section 1 of public act 11-6 shall not
6280 lapse on June 30, 2012, and such nonlapsing funds shall continue to be
6281 available for the purpose of school readiness programs, pursuant to
6282 section 10-16p of the general statutes, during the fiscal year ending
6283 June 30, 2013.

6284 Sec. 188. Section 10-266aa of the general statutes is repealed and the
6285 following is substituted in lieu thereof (Effective July 1, 2011):

6286 (a) As used in this section:

6287 (1) "Receiving district" means any school district that accepts
6288 students under the program established pursuant to this section;

6289 (2) "Sending district" means any school district that sends students it
6290 would otherwise be legally responsible for educating to another school
6291 district under the program; and

6292 (3) "Minority students" means students who are "pupils of racial
6293 minorities", as defined in section 10-226a.

6294 (b) There is established, within available appropriations, an


6295 interdistrict public school attendance program. The purpose of the
6296 program shall be to: (1) Improve academic achievement; (2) reduce
6297 racial, ethnic and economic isolation or preserve racial and ethnic
6298 balance; and (3) provide a choice of educational programs. [for
6299 students enrolled in the public schools.] The Department of Education
6300 shall provide oversight for the program, including the setting of
6301 reasonable limits for the transportation of students participating in the

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Bill No. 6651
6302 program, and may provide for the incremental expansion of the
6303 program for the school year commencing in 2000 for each town
6304 required to participate in the program pursuant to subsection (c) of
6305 this section.

6306 (c) The program shall be phased in as provided in this subsection.


6307 (1) For the school year commencing in 1998, and for each school year
6308 thereafter, the program shall be in operation in the Hartford, New
6309 Haven and Bridgeport regions. The Hartford program shall operate as
6310 a continuation of the program described in section 10-266j. Students
6311 who reside in Hartford, New Haven or Bridgeport may attend school
6312 in another school district in the region and students who reside in such
6313 other school districts may attend school in Hartford, New Haven or
6314 Bridgeport, provided, beginning with the 2001-2002 school year, the
6315 proportion of students who are not minority students to the total
6316 number of students leaving Hartford, Bridgeport or New Haven to
6317 participate in the program shall not be greater than the proportion of
6318 students who were not minority students in the prior school year to
6319 the total number of students enrolled in Hartford, Bridgeport or New
6320 Haven in the prior school year. The regional educational service center
6321 operating the program shall make program participation decisions in
6322 accordance with the requirements of this subdivision. (2) For the
6323 school year commencing in 2000, and for each school year thereafter,
6324 the program shall be in operation in New London, provided beginning
6325 with the 2001-2002 school year, the proportion of students who are not
6326 minority students to the total number of students leaving New London
6327 to participate in the program shall not be greater than the proportion
6328 of students who were not minority students in the prior year to the
6329 total number of students enrolled in New London in the prior school
6330 year. The regional educational service center operating the program
6331 shall make program participation decisions in accordance with this
6332 subdivision. (3) The Department of Education may provide, within
6333 available appropriations, grants for the fiscal year ending June 30,
6334 2003, to the remaining regional educational service centers to assist
6335 school districts in planning for a voluntary program of student

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Bill No. 6651
6336 enrollment in every priority school district, pursuant to section 10-
6337 266p, which is interested in participating in accordance with this
6338 subdivision. For the school year commencing in 2003, and for each
6339 school year thereafter, the voluntary enrollment program may be in
6340 operation in every priority school district in the state. Students from
6341 other school districts in the area of a priority school district, as
6342 determined by the regional educational service center pursuant to
6343 subsection (d) of this section, may attend school in the priority school
6344 district, provided such students bring racial, ethnic and economic
6345 diversity to the priority school district and do not increase the racial,
6346 ethnic and economic isolation in the priority school district.

6347 (d) School districts which received students from New London
6348 under the program during the 2000-2001 school year shall allow such
6349 students to attend school in the district until they graduate from high
6350 school. The attendance of such students in such program shall not be
6351 supported by grants pursuant to subsections (f) and (g) of this section
6352 but shall be supported, in the same amounts as provided for in said
6353 subsections, by interdistrict cooperative grants pursuant to section 10-
6354 74d to the regional educational service centers operating such
6355 programs.

6356 (e) Once the program is in operation in the region served by a


6357 regional educational service center pursuant to subsection (c) of this
6358 section, the Department of Education shall provide an annual grant to
6359 such regional educational service center to assist school districts in its
6360 area in administering the program and to provide staff to assist
6361 students participating in the program to make the transition to a new
6362 school and to act as a liaison between the parents of such students and
6363 the new school district. Each regional educational service center shall
6364 determine which school districts in its area are located close enough to
6365 a priority school district to make participation in the program feasible
6366 in terms of student transportation pursuant to subsection (f) of this
6367 section, provided any student participating in the program prior to
6368 July 1, 1999, shall be allowed to continue to attend the same school

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Bill No. 6651
6369 such student attended prior to said date in the receiving district until
6370 the student completes the highest grade in such school. Each regional
6371 educational service center shall convene, annually, a meeting of
6372 representatives of such school districts in order for such school
6373 districts to report, by March thirty-first, the number of spaces available
6374 for the following school year for out-of-district students under the
6375 program. Annually, each regional educational service center shall
6376 provide a count of such spaces to the Department of Education by
6377 April fifteenth. If there are more students who seek to attend school in
6378 a receiving district than there are spaces available, the regional
6379 educational service center shall assist the school district in determining
6380 attendance by the use of a lottery or lotteries designed to preserve or
6381 increase racial, ethnic and economic diversity, except that the regional
6382 educational service center shall give preference to siblings and to
6383 students who would otherwise attend a school that has lost its
6384 accreditation by the New England Association of Schools and Colleges
6385 or has been identified as in need of improvement pursuant to the No
6386 Child Left Behind Act, P.L. 107-110. The admission policies shall be
6387 consistent with section 10-15c and this section. No receiving district
6388 shall recruit students under the program for athletic or extracurricular
6389 purposes. Each receiving district shall allow out-of-district students it
6390 accepts to attend school in the district until they graduate from high
6391 school.

6392 (f) The Department of Education shall provide grants to regional


6393 educational service centers or local or regional boards of education for
6394 the reasonable cost of transportation for students participating in the
6395 program. For the fiscal year ending June 30, 2003, and each fiscal year
6396 thereafter, the department shall provide such grants within available
6397 appropriations, provided the state-wide average of such grants does
6398 not exceed an amount equal to three thousand two hundred fifty
6399 dollars for each student transported, except that the Commissioner of
6400 Education may grant to regional educational service centers additional
6401 sums from funds remaining in the appropriation for such
6402 transportation services if needed to offset transportation costs that

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Bill No. 6651
6403 exceed such maximum amount. The regional educational service
6404 centers shall provide reasonable transportation services to high school
6405 students who wish to participate in supervised extracurricular
6406 activities. For purposes of this section, the number of students
6407 transported shall be determined on September first of each fiscal year.

6408 (g) [The] (1) Except as provided in subdivision (2) of this subsection,
6409 the Department of Education shall provide, within available
6410 appropriations, an annual grant to the local or regional board of
6411 education for each receiving district in an amount not to exceed two
6412 thousand five hundred dollars for each out-of-district student who
6413 attends school in the receiving district under the program.

6414 (2) For the fiscal year ending June 30, 2012, and each fiscal year
6415 thereafter, the department shall provide, within available
6416 appropriations, an annual grant to the local or regional board of
6417 education for each receiving district in an amount equal to (A) three
6418 thousand dollars for each out-of-district student who attends school in
6419 the receiving district under the program if the number of such out-of-
6420 district students is less than two per cent of the total student
6421 population of such receiving district, (B) four thousand dollars for each
6422 out-of-district student who attends school in the receiving district
6423 under the program if the number of such out-of-district students is
6424 greater than or equal to two per cent but less than three per cent of the
6425 total student population of such receiving district, and (C) six
6426 thousand dollars for each out-of-district student who attends school in
6427 the receiving district under the program if the number of such out-of-
6428 district students is greater than or equal to three per cent of the total
6429 student population of such receiving district.

6430 (3) Each town which receives funds pursuant to this subsection shall
6431 make such funds available to its local or regional board of education in
6432 supplement to any other local appropriation, other state or federal
6433 grant or other revenue to which the local or regional board of
6434 education is entitled.

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Bill No. 6651
6435 (h) Notwithstanding any provision of this chapter, each sending
6436 district and each receiving district shall divide the number of children
6437 participating in the program who reside in such district or attend
6438 school in such district by two for purposes of the counts for
6439 subdivision (22) of section 10-262f and subdivision (2) of subsection (a)
6440 of section 10-261, as amended by this act.

6441 (i) In the case of an out-of-district student who requires special


6442 education and related services, the sending district shall pay the
6443 receiving district an amount equal to the difference between the
6444 reasonable cost of providing such special education and related
6445 services to such student and the amount received by the receiving
6446 district pursuant to subsection (g) of this section and in the case of
6447 students participating pursuant to subsection (d) of this section, the
6448 per pupil amount received pursuant to section 10-74d. The sending
6449 district shall be eligible for reimbursement pursuant to section 10-76g,
6450 as amended by this act.

6451 (j) Nothing in this section shall prohibit school districts from
6452 charging tuition to other school districts that do not have a high school
6453 pursuant to section 10-33.

6454 (k) On or before [October fifteenth] March first of each year, the
6455 Commissioner of Education shall determine if the enrollment in the
6456 program pursuant to subsection (c) of this section for the fiscal year is
6457 below the number of students for which funds were appropriated. If
6458 the commissioner determines that the enrollment is below such
6459 number, the additional funds shall not lapse but shall be used by the
6460 commissioner in accordance with this subsection.

6461 (1) Any amount up to five hundred thousand dollars of such


6462 nonlapsing funds shall be used for supplemental grants to receiving
6463 districts on a pro rata basis for each out-of-district student in the
6464 program pursuant to subsection (c) of this section who attends the
6465 same school in the receiving district as at least nine other such out-of-
6466 district students, not to exceed one thousand dollars per student.

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6467 [(2) Any remaining nonlapsing funds shall be used for interdistrict
6468 cooperative grants pursuant to section 10-74d.]

6469 (2) Any amount of such nonlapsing funds equal to or greater than
6470 five hundred thousand dollars, but less than one million dollars, shall
6471 be used for supplemental grants, in an amount determined by the
6472 commissioner, on a pro rata basis to receiving districts that report to
6473 the commissioner on or before March first of the current school year
6474 that the number of out-of-district students enrolled in such receiving
6475 district is greater than the number of out-of-district students enrolled
6476 in such receiving district from the previous school year.

6477 (3) Any remaining nonlapsing funds shall be used by the


6478 commissioner to increase enrollment in the interdistrict public school
6479 attendance program described in this section.

6480 (l) For purposes of the state-wide mastery examinations under


6481 section 10-14n, students participating in the program established
6482 pursuant to this section shall be considered residents of the school
6483 district in which they attend school.

6484 (m) Within available appropriations, the commissioner may make


6485 grants to regional education service centers which provide summer
6486 school educational programs approved by the commissioner to
6487 students participating in the program.

6488 (n) The Commissioner of Education may provide grants for children
6489 in the Hartford program described in this section to participate in
6490 preschool and all day kindergarten programs. In addition to the
6491 subsidy provided to the receiving district for educational services,
6492 such grants may be used for the provision of before and after-school
6493 care and remedial services for the preschool and kindergarten students
6494 participating in the program.

6495 (o) Within available appropriations, the commissioner may make


6496 grants for academic student support for programs pursuant to this

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6497 section that assist the state in meeting the goals of the 2008 stipulation
6498 and order for Milo Sheff, et al. v. William A. O'Neill, et al., as
6499 determined by the commissioner.

6500 Sec. 189. (Effective from passage) (a) There is established a task force to
6501 study issues relating to state funding for education in the context of
6502 state constitutional requirements. Such study shall focus on the
6503 education aid grant formula set forth in section 10-262h of the general
6504 statutes, and give consideration to state grants to interdistrict magnet
6505 schools, regional agricultural science and technology education centers
6506 and funding issues relating to the cost of special education for the state
6507 and municipalities.

6508 (b) The task force shall consist of the following members:

6509 (1) Six appointed by the Governor;

6510 (2) One appointed by the speaker of the House of Representatives;

6511 (3) One appointed by the president pro tempore of the Senate;

6512 (4) One appointed by the majority leader of the House of


6513 Representatives;

6514 (5) One appointed by the majority leader of the Senate;

6515 (6) One appointed by the minority leader of the House of


6516 Representatives; and

6517 (7) One appointed by the minority leader of the Senate.

6518 (c) Any member of the task force appointed under subdivisions (2)
6519 to (7), inclusive, of subsection (b) of this section may be a member of
6520 the General Assembly.

6521 (d) All appointments to the task force shall be made not later than
6522 thirty days after the effective date of this section. Any vacancy shall be
6523 filled by the appointing authority.

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6524 (e) The speaker of the House of Representatives and the president
6525 pro tempore of the Senate shall select one chairperson of the task force
6526 from among the legislative appointments to the task force, and the
6527 Governor shall select one chairperson of the task force from among the
6528 executive appointments to the task force. Such chairpersons shall
6529 schedule the first meeting of the task force, which shall be held not
6530 later than sixty days after the effective date of this section.

6531 (f) The administrative staff of the joint standing committee of the
6532 General Assembly having cognizance of matters relating to education
6533 shall serve as administrative staff of the task force.

6534 (g) (1) Not later than January 2, 2012, the task force shall submit an
6535 initial report on its findings and recommendations to the Governor
6536 and the joint standing committees of the General Assembly having
6537 cognizance of matters relating to appropriations and education, in
6538 accordance with the provisions of section 11-4a of the general statutes.

6539 (2) Not later than October 1, 2012, the task force shall submit a final
6540 report on its findings and recommendations to the Governor and the
6541 joint standing committees of the General Assembly having cognizance
6542 of matters relating to appropriations and education, in accordance
6543 with the provisions of section 11-4a of the general statutes.

6544 (3) The task force shall terminate on the date that it submits its final
6545 report pursuant to subdivision (2) of this subsection or October 1, 2012,
6546 whichever is later.

6547 Sec. 190. Section 10-262i of the general statutes is repealed and the
6548 following is substituted in lieu thereof (Effective July 1, 2011):

6549 (a) For the fiscal year ending June 30, 1990, and for each fiscal year
6550 thereafter, each town shall be paid a grant equal to the amount the
6551 town is entitled to receive under the provisions of section 10-262h, as
6552 calculated using the data of record as of the December first prior to the
6553 fiscal year such grant is to be paid, adjusted for the difference between

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Bill No. 6651
6554 the final entitlement for the prior fiscal year and the preliminary
6555 entitlement for such fiscal year as calculated using the data of record as
6556 of the December first prior to the fiscal year when such grant was paid.

6557 (b) The amount due each town pursuant to the provisions of
6558 subsection (a) of this section shall be paid by the Comptroller, upon
6559 certification of the Commissioner of Education, to the treasurer of each
6560 town entitled to such aid in installments during the fiscal year as
6561 follows: Twenty-five per cent of the grant in October, twenty-five per
6562 cent of the grant in January and the balance of the grant in April. The
6563 balance of the grant due towns under the provisions of this subsection
6564 shall be paid in March rather than April to any town which has not
6565 adopted the uniform fiscal year and which would not otherwise
6566 receive such final payment within the fiscal year of such town.

6567 (c) All aid distributed to a town pursuant to the provisions of this
6568 section shall be expended for educational purposes only and shall be
6569 expended upon the authorization of the local or regional board of
6570 education. For the fiscal year ending June 30, 1999, and each fiscal year
6571 thereafter, if a town receives an increase in funds pursuant to this
6572 section over the amount it received for the prior fiscal year such
6573 increase shall not be used to supplant local funding for educational
6574 purposes. The budgeted appropriation for education in any town
6575 receiving an increase in funds pursuant to this section shall be not less
6576 than the amount appropriated for education for the prior year plus
6577 such increase in funds.

6578 [(d) For the fiscal years ending June 30, 2010, and June 30, 2011, the
6579 budgeted appropriation for education shall be no less than the
6580 budgeted appropriation for education for the fiscal year ending June
6581 30, 2009, minus any reductions made pursuant to section 19 of public
6582 act 09-1 of the June 19 special session, except that for the fiscal year
6583 ending June 30, 2010, those districts whose number of resident
6584 students for the school year commencing July 1, 2009, is lower than
6585 such district's number of resident students for the school year

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6586 commencing July 1, 2008, may reduce such district's budgeted
6587 appropriation for education by the difference in number of resident
6588 students for such school years multiplied by three thousand.]

6589 [(e)] (d) Notwithstanding the provisions of subsection (c) of this


6590 section, for the fiscal years ending June 30, 2008, and June 30, 2009, the
6591 budgeted appropriation for education in any town receiving an
6592 increase in funds pursuant to this section shall be not less than the
6593 amount appropriated for education for the prior year plus the
6594 percentage of such increase in funds as determined under subsection
6595 (f) of this section.

6596 (e) For the fiscal years ending June 30, 2010, and June 30, 2011, the
6597 budgeted appropriation for education shall be not less than the
6598 budgeted appropriation for education for the fiscal year ending June
6599 30, 2009, minus any reductions made pursuant to section 19 of public
6600 act 09-1 of the June 19 special session, except that for the fiscal year
6601 ending June 30, 2010, those districts with a number of resident
6602 students for the school year commencing July 1, 2009, that is lower
6603 than such district's number of resident students for the school year
6604 commencing July 1, 2008, may reduce such district's budgeted
6605 appropriation for education by the difference in number of resident
6606 students for such school years multiplied by three thousand.

6607 (f) (1) For the fiscal year ending June 30, 2012, the budgeted
6608 appropriation for education shall be not less than the budgeted
6609 appropriation for education for the fiscal year ending June 30, 2011,
6610 plus any reductions made pursuant to section 19 of public act 09-1 of
6611 the June 19 special session, except that for the fiscal year ending June
6612 30, 2012, any district with a number of resident students for the school
6613 year commencing July 1, 2011, that is lower than such district's number
6614 of resident students for the school year commencing July 1, 2010, may
6615 reduce such district's budgeted appropriation for education by the
6616 difference in number of resident students for such school years
6617 multiplied by three thousand, provided such reduction shall not

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Bill No. 6651
6618 exceed one-half of one per cent of the district's budgeted appropriation
6619 for education for the fiscal year ending June 30, 2011. A town shall not
6620 be eligible to reduce its budgeted appropriation for education
6621 pursuant to this subdivision if the school district for the town is in its
6622 third year or more of being identified as in need of improvement
6623 pursuant to section 10-223e, and (A) has failed to make adequate
6624 yearly progress in mathematics or reading at the whole district level,
6625 or (B) has satisfied the requirements for adequate yearly progress in
6626 mathematics or reading pursuant to Section 1111(b)(2)(I) of Subpart 1
6627 of Part A of Title I of the No Child Left Behind Act, P.L. 107-110, as
6628 amended from time to time.

6629 (2) For the fiscal year ending June 30, 2013, the budgeted
6630 appropriation for education shall be not less than the budgeted
6631 appropriation for education for the fiscal year ending June 30, 2012,
6632 except that for the fiscal year ending June 30, 2013, any district with a
6633 number of resident students for the school year commencing July 1,
6634 2012, that is lower than such district's number of resident students for
6635 the school year commencing July 1, 2011, may reduce such district's
6636 budgeted appropriation for education by the difference in number of
6637 resident students for such school years multiplied by three thousand,
6638 provided such reduction shall not exceed one-half of one per cent of
6639 the district's budgeted appropriation for education for the fiscal year
6640 ending June 30, 2012. A town shall not be eligible to reduce its
6641 budgeted appropriation for education pursuant to this subdivision if
6642 the school district for the town is in its third year or more of being
6643 identified as in need of improvement pursuant to section 10-223e, and
6644 (A) has failed to make adequate yearly progress in mathematics or
6645 reading at the whole district level, or (B) has satisfied the requirements
6646 for adequate yearly progress in mathematics or reading pursuant to
6647 Section 1111(b)(2)(I) of Subpart 1 of Part A of Title I of the No Child
6648 Left Behind Act, P.L. 107-110, as amended from time to time.

6649 (3) Notwithstanding the provisions of subdivisions (1) and (2) of


6650 this subsection, the Commissioner of Education may permit a district

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Bill No. 6651
6651 to reduce its budgeted appropriation for education for the fiscal year
6652 ending June 30, 2012, or June 30, 2013, in an amount determined by the
6653 commissioner if such district has permanently ceased operations and
6654 closed one or more schools in the district due to declining enrollment
6655 at such closed school or schools in the fiscal year ending June 30, 2011,
6656 June 30, 2012, or June 30, 2013.

6657 [(f)] (g) (1) Except as provided for in subdivisions (2), (3) and (4) of
6658 this subsection, the percentage of the increase in aid pursuant to this
6659 section applicable under subsection [(e)] (d) of this section shall be the
6660 average of the results of (A) (i) a town's current program expenditures
6661 per resident student pursuant to subdivision (36) of section 10-262f,
6662 subtracted from the highest current program expenditures per resident
6663 student in this state, (ii) divided by the difference between the highest
6664 current program expenditures per resident student in this state and the
6665 lowest current program expenditures per resident student in this state,
6666 (iii) multiplied by thirty per cent, (iv) plus fifty percentage points, (B)
6667 (i) a town's wealth pursuant to subdivision (26) of section 10-262f,
6668 subtracted from the wealth of the town with the highest wealth of all
6669 towns in this state, (ii) divided by the difference between the wealth of
6670 the town with the highest wealth of all towns in this state and the
6671 wealth of the town with the lowest wealth of all towns in this state, (iii)
6672 multiplied by thirty per cent, (iv) plus fifty percentage points, and (C)
6673 (i) a town's grant mastery percentage pursuant to subdivision (12) of
6674 section 10-262f, subtracted from one, subtracted from one minus the
6675 grant mastery percentage of the town with the highest grant mastery
6676 percentage in this state, (ii) divided by the difference between one
6677 minus the grant mastery percentage of the town with the highest grant
6678 mastery percentage in this state and one minus the grant mastery
6679 percentage of the town with the lowest grant mastery percentage in
6680 this state, (iii) multiplied by thirty per cent, (iv) plus fifty percentage
6681 points.

6682 (2) For the fiscal year ending June 30, 2009, any town whose school
6683 district is in its third year or more of being identified as in need of

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Bill No. 6651
6684 improvement pursuant to section 10-223e, and has failed to make
6685 adequate yearly progress in mathematics or reading at the whole
6686 district level, the percentage determined pursuant to subdivision (1) of
6687 this subsection for such town shall be increased by an additional
6688 twenty percentage points.

6689 (3) For the fiscal year ending June 30, 2010, any town whose school
6690 district is in its third year or more of being identified as in need of
6691 improvement pursuant to section 10-223e, and has failed to make
6692 adequate yearly progress in mathematics or reading at the whole
6693 district level, the percentage of the increase in aid pursuant to this
6694 section applicable under subsection [(e)] (d) of this section shall be the
6695 percentage of the increase determined under subdivision (1) of this
6696 section for such town, plus twenty percentage points, or eighty per
6697 cent, whichever is greater.

6698 (4) Notwithstanding the provisions of this section, for the fiscal year
6699 ending June 30, 2008, and each fiscal year thereafter, any town that (A)
6700 is a member of a regional school district that serves only grades seven
6701 to twelve, inclusive, or grades nine to twelve, inclusive, (B)
6702 appropriates at least the minimum percentage of increase in aid
6703 pursuant to the provisions of this section, and (C) has a reduced
6704 assessment from the previous fiscal year for students enrolled in such
6705 regional school district, excluding debt service for such students, shall
6706 be considered to be in compliance with the provisions of this section.

6707 (5) Notwithstanding any provision of the general statutes, charter,


6708 special act or home rule ordinance, on or before September 15, 2007,
6709 for the fiscal year ending June 30, 2008, a town may request the
6710 Commissioner of Education to defer a portion of the town's increase in
6711 aid over the prior fiscal year pursuant to this section to be expended in
6712 the subsequent fiscal year. If the commissioner approves such request,
6713 the deferred amount shall be credited to the increase in aid for the
6714 fiscal year ending June 30, 2009, rather than the fiscal year ending June
6715 30, 2008. Such funds shall be expended in the fiscal year ending June

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Bill No. 6651
6716 30, 2009, in accordance with the provisions of this section. In no case
6717 shall a town be allowed to defer increases in aid required to be spent
6718 for education as a result of failure to make adequate yearly progress in
6719 accordance with the provisions of subdivisions (2) and (3) of this
6720 subsection.

6721 [(g)] (h) Upon a determination by the State Board of Education that
6722 a town or kindergarten to grade twelve, inclusive, regional school
6723 district failed in any fiscal year to meet the requirements pursuant to
6724 subsection (c), (d), [or] (e) or (f) of this section, the town or
6725 kindergarten to grade twelve, inclusive, regional school district shall
6726 forfeit an amount equal to two times the amount of the shortfall. The
6727 amount so forfeited shall be withheld by the Department of Education
6728 from the grant payable to the town in the second fiscal year
6729 immediately following such failure by deducting such amount from
6730 the town's equalization aid grant payment pursuant to this section,
6731 except that in the case of a kindergarten to grade twelve, inclusive,
6732 regional school district, the amount so forfeited shall be withheld by
6733 the Department of Education from the grants payable pursuant to this
6734 section to the towns which are members of such regional school
6735 district. The amounts deducted from such grants to each member town
6736 shall be proportional to the number of resident students in each
6737 member town. Notwithstanding the provisions of this subsection, the
6738 State Board of Education may waive such forfeiture upon agreement
6739 with the town or kindergarten to grade twelve, inclusive, regional
6740 school district that the town or kindergarten to grade twelve, inclusive,
6741 regional school district shall increase its budgeted appropriation for
6742 education during the fiscal year in which the forfeiture would occur by
6743 an amount not less than the amount of said forfeiture or for other good
6744 cause shown. Any additional funds budgeted pursuant to such an
6745 agreement shall not be included in a district's budgeted appropriation
6746 for education for the purpose of establishing any future minimum
6747 budget requirement.

6748 Sec. 191. (Effective from passage) (a) There is established a task force to

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Bill No. 6651
6749 study the finance, management and enrollment structure of the
6750 regional vocational-technical school system. Such study shall (1)
6751 conduct a cost-benefit analysis of (A) maintaining and strengthening
6752 the existing regional vocational-technical school system operated by
6753 the State Board of Education, (B) developing stronger articulation
6754 agreements between the regional vocational-technical school system
6755 and the regional community-technical colleges, (C) transferring the
6756 regional vocational-technical school system to local and regional
6757 boards of education, regional educational service centers or the
6758 regional community-technical colleges, and (D) maintaining or
6759 transferring adult programs offered at the regional vocational-
6760 technical schools, (2) consider the effects of maintaining the existing
6761 regional vocational-technical school system or transferring the regional
6762 vocational-technical school system to local and regional boards of
6763 education, regional educational service centers or the regional
6764 community-technical colleges on facilities, equipment and personnel
6765 management of the regional vocational-technical school system, and
6766 (3) compare and analyze the findings of subdivisions (1) and (2) of this
6767 subsection.

6768 (b) The task force shall consist of the following members:

6769 (1) The Secretary of the Office of Policy and Management, or the
6770 secretary's designee;

6771 (2) The Commissioner of Education, or the commissioner's designee;

6772 (3) The Commissioner of Economic and Community Development,


6773 or the commissioner's designee;

6774 (4) The chancellor of the community-technical college system, or the


6775 chancellor's designee;

6776 (5) One appointed by the Governor who shall be a representative


6777 from a regional workforce investment board;

6778 (6) Two appointed by the president pro tempore of the Senate, one

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Bill No. 6651
6779 of whom shall be a representative of the Connecticut Education
6780 Association and one of whom shall be the chief executive officer of a
6781 small manufacturing company;

6782 (7) Two appointed by the speaker of the House of Representatives,


6783 one of whom shall be a representative of the American Federation of
6784 Teachers-Connecticut and one of whom shall (A) be a person with
6785 experience in a trade offered at the regional vocational-technical
6786 schools, (B) be an alumnus of a regional vocational-technical school, or
6787 (C) have served as an educator at a regional vocational-technical
6788 school;

6789 (8) One appointed by the majority leader of the Senate who shall be
6790 a representative of the RESC Alliance;

6791 (9) One appointed by the majority leader of the House of


6792 Representatives who shall be a mayor or first selectman of a town with
6793 a regional vocational-technical school;

6794 (10) One appointed by the minority leader of the Senate who shall
6795 be a representative of the Connecticut Association of Boards of
6796 Education;

6797 (11) One appointed by the minority leader of the House of


6798 Representatives who shall be a representative of the Connecticut
6799 Association of Public School Superintendents; and

6800 (12) Two appointed by the chairpersons of the joint standing


6801 committee of the General Assembly having cognizance of matters
6802 relating to education who shall be members of the public.

6803 (c) All appointments to the task force shall be made not later than
6804 thirty days after the effective date of this section. Any vacancy shall be
6805 filled by the appointing authority.

6806 (d) The Secretary of the Office of Policy and Management, or the
6807 secretary's designee, shall serve as the chairperson of the task force.

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Bill No. 6651
6808 The chairperson shall schedule the first meeting of the task force,
6809 which shall be held not later than sixty days after the effective date of
6810 this section.

6811 (e) The administrative staff of the Department of Education shall


6812 serve as administrative staff of the task force.

6813 (f) Not later than January 15, 2012, the task force shall submit a
6814 report on its findings and recommendations to the joint standing
6815 committee of the General Assembly having cognizance of matters
6816 relating to education, in accordance with the provisions of section 11-
6817 4a of the general statutes. The task force shall terminate on the date
6818 that it submits such report or January 15, 2012, whichever is later.

6819 Sec. 192. Subsection (a) of section 10-261a of the general statutes is
6820 repealed and the following is substituted in lieu thereof (Effective from
6821 passage):

6822 (a) The Secretary of the Office of Policy and Management, shall, on
6823 the basis of data provided by each town in the state in accordance with
6824 section 10-261b, determine annually for each town the ratio of the
6825 assessed valuation of real property for purposes of the property tax
6826 and the fair market value of such property as determined from records
6827 of actual sales of such property and from such other data and statistical
6828 techniques as deemed appropriate by the secretary. With respect to the
6829 assessment year in any town in which a revaluation required under
6830 section 12-62 becomes effective, the real estate ratio used for the
6831 purposes of this section shall be the assessment rate under the
6832 provisions of subsection (b) of section 12-62a adjusted for any phase-in
6833 pursuant to subsection (b) of section 12-62c. Said ratio as determined
6834 with respect to any town shall be used by the secretary to compute the
6835 equalized net grand list for such town for purposes of any grant that
6836 may be payable to such town under the provisions of section 10-262i,
6837 as amended by this act, provided the sales assessment ratio used to
6838 compute the equalized net grand list of each town shall be calculated
6839 using uniform procedures for all towns. The equalized net grand list in

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Bill No. 6651
6840 such town shall consist of the assessed value of all real property on the
6841 net grand list divided by said ratio, plus the assessed value of all
6842 personal property on such net grand list divided by the assessment
6843 ratio in current use in such town.

6844 Sec. 193. Subsection (b) of section 10-261b of the general statutes is
6845 repealed and the following is substituted in lieu thereof (Effective from
6846 passage):

6847 (b) A town shall not be required to submit data as required under
6848 subsection (a) of this section in an assessment year in which a
6849 revaluation becomes effective unless a town is implementing a phase-
6850 in pursuant to subsection (b) of section 12-62c.

6851 Sec. 194. Subdivision (3) of subsection (e) of section 10-16p of the
6852 general statutes is repealed and the following is substituted in lieu
6853 thereof (Effective from passage):

6854 (3) Notwithstanding subdivision (2) of this subsection, for the fiscal
6855 years ending June 30, 2008, to June 30, [2011] 2013, inclusive, the
6856 Department of Education may retain up to one hundred ninety-eight
6857 thousand two hundred dollars of the amount appropriated for
6858 purposes of this section for coordination, program evaluation and
6859 administration.

6860 Sec. 195. (NEW) (Effective from passage) The Commissioner of


6861 Education may, to assist the state in meeting the goals of the 2008
6862 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al.,
6863 transfer funds appropriated for the Sheff settlement to the following:
6864 (1) Grants for interdistrict cooperative programs pursuant to section
6865 10-74d of the general statutes, (2) grants for state charter schools
6866 pursuant to section 10-66ee of the general statutes, as amended by this
6867 act, (3) grants for the interdistrict public school attendance program
6868 pursuant to section 10-266aa of the general statutes, as amended by
6869 this act, (4) grants for interdistrict magnet schools pursuant to section
6870 10-264l of the general statutes, as amended by this act, and (5) to

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6871 technical high schools for programming.

6872 Sec. 196. Subdivision (4) of subsection (a) of section 10-264i of the
6873 general statutes is repealed and the following is substituted in lieu
6874 thereof (Effective from passage):

6875 (4) For the fiscal years ending June 30, 2009, and June 30, 2010, in
6876 addition to the grants otherwise provided pursuant to this section, the
6877 Commissioner of Education may provide supplemental transportation
6878 grants to regional educational service centers for the purposes of
6879 transportation to interdistrict magnet schools. Any such grant shall be
6880 provided within available appropriations and after the commissioner
6881 has reviewed and approved the total interdistrict magnet school
6882 transportation budget for a regional education service center,
6883 including all revenue and expenditure estimates. For the fiscal year
6884 ending June 30, 2010, in addition to the grants otherwise provided
6885 pursuant to this section, the Commissioner of Education, with the
6886 approval of the Secretary of the Office of Policy and Management, may
6887 provide supplemental transportation grants to the Hartford school
6888 district and the Capitol Region Education Council for the purposes of
6889 transportation of students who are not residents of Hartford to
6890 interdistrict magnet schools operated by the Capitol Region Education
6891 Council or the Hartford school district. For the fiscal year ending June
6892 30, 2011, in addition to the grants otherwise provided pursuant to this
6893 section, the Commissioner of Education may provide supplemental
6894 transportation grants to regional educational service centers for the
6895 purposes of transportation to interdistrict magnet schools that assist
6896 the state in meeting the goals of the 2008 stipulation and order for Milo
6897 Sheff, et al. v. William A. O'Neill, et al. Any such grant shall be
6898 provided within available appropriations and upon a comprehensive
6899 financial review of all transportation activities as prescribed by the
6900 commissioner. The commissioner may require the regional educational
6901 service center to provide an independent financial review, the costs of
6902 which may be paid from funds that are part of the supplemental
6903 transportation grant. Any such grant shall be paid as follows: Up to

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6904 seventy-five per cent of the grant on or before June 30, 2011, and the
6905 balance on or before September 1, 2011, upon completion of the
6906 comprehensive financial review.

6907 Sec. 197. (Effective from passage) (a) An interdistrict magnet school
6908 program that is not in compliance with the racial minorities enrollment
6909 requirements of section 10-264l of the general statutes, as amended by
6910 this act, following the submission of student information data of such
6911 program to the state-wide public school information system, pursuant
6912 to section 10-10a of the general statutes, on or before October 1, 2011,
6913 and October 1, 2012, due to changes in the 2010 federal racial reporting
6914 requirements relating to the collection of racial and ethnic data, as
6915 described in the Federal Register of October 19, 2007, shall maintain
6916 such program's status as an interdistrict magnet school program and
6917 remain eligible for an interdistrict magnet school operating grant
6918 pursuant to section 10-264l of the general statutes, as amended by this
6919 act, if such program submits a compliance plan to the Commissioner of
6920 Education and the commissioner approves such plan.

6921 (b) On or before January 1, 2013, the Department of Education shall


6922 submit to the joint standing committee of the General Assembly
6923 having cognizance of matters relating to education, in accordance with
6924 the provisions of section 11-4a of the general statutes,
6925 recommendations for legislation to amend the racial minority
6926 enrollments requirements for interdistrict magnet school programs
6927 pursuant to section 10-264l of the general statutes, as amended by this
6928 act, to conform with changes in the federal law. Such plan shall reflect
6929 the regional demographics of the interdistrict magnet school programs
6930 and the diverse racial, ethnic and socio-economic needs of the student
6931 populations attending interdistrict magnet school programs.

6932 Sec. 198. Subsection (a) of section 10-266w of the general statutes is
6933 repealed and the following is substituted in lieu thereof (Effective July
6934 1, 2011):

6935 (a) For each fiscal year, each local and regional board of education

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Bill No. 6651
6936 having at least one school building designated as a severe need school
6937 [, as defined by federal law governing school nutrition programs, in
6938 the fiscal year two years prior to the grant year,] shall be eligible to
6939 receive a grant to assist in providing school breakfasts to all students in
6940 each eligible severe need school, provided any local or regional board
6941 having at least one school building so designated shall participate in
6942 the federal school breakfast program, pursuant to the Healthy,
6943 Hunger-Free Kids Act of 2010, P.L. 111-296, on behalf of all severe
6944 need schools in the district with grades eight or under in which at least
6945 eighty per cent of the lunches served are served to students who are
6946 eligible for free or reduced price lunches pursuant to said federal law
6947 and regulations. For purposes of this section, "severe need school"
6948 means a school in which (1) the school is participating, or is about to
6949 participate, in a breakfast program, and (2) twenty per cent or more of
6950 the lunches served to students at the school in the fiscal year two years
6951 prior to the grant year were served free or at a reduced price.

6952 Sec. 199. (Effective July 1, 2011) (a) Up to four hundred five thousand
6953 dollars appropriated to the Department of Education, for Magnet
6954 School Administration, in section 11 of public act 09-3 of the June
6955 special session, as amended by section 58 of public act 09-6 of the
6956 September special session, sections 3 and 20 of public act 09-7 of the
6957 September special session, section 9 of public act 09-1 of the December
6958 special session, section 1 of public act 10-3, section 1 of public act 10-
6959 179 and section 3 of public act 10-2 of the June special session, shall not
6960 lapse on June 30, 2011, and such funds shall be transferred to Sheff
6961 Settlement, and shall be available to fund the development of magnet
6962 school programs at the River Academy during the fiscal year ending
6963 June 30, 2012.

6964 (b) Up to four hundred five thousand dollars appropriated to the


6965 Department of Education, for Charter Schools, in section 11 of public
6966 act 09-3 of the June special session, as amended by section 58 of public
6967 act 09-6 of the September special session, sections 3 and 20 of public act
6968 09-7 of the September special session, section 9 of public act 09-1 of the

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6969 December special session, section 1 of public act 10-3, section 1 of
6970 public act 10-179 and section 3 of public act 10-2 of the June special
6971 session, shall not lapse on June 30, 2011, and such funds shall be
6972 transferred to Sheff Settlement, and shall be available to fund the
6973 development of magnet school programs at the River Academy during
6974 the fiscal year ending June 30, 2013.

6975 Sec. 200. Subdivision (1) of subsection (c) of section 10-66ee of the
6976 general statutes is repealed and the following is substituted in lieu
6977 thereof (Effective July 1, 2011):

6978 (c) (1) The state shall pay in accordance with this subsection, to the
6979 fiscal authority for a state charter school for each student enrolled in
6980 such school, for the fiscal year ending June 30, 2006, seven thousand
6981 six hundred twenty-five dollars, for the fiscal year ending June 30,
6982 2007, eight thousand dollars, for the fiscal year ending June 30, 2008,
6983 eight thousand six hundred fifty dollars, for the fiscal [year] years
6984 ending June 30, 2009, [and each fiscal year thereafter,] to June 30, 2011,
6985 inclusive, nine thousand three hundred dollars, and for the fiscal year
6986 ending June 30, 2012, and each fiscal year thereafter, nine thousand
6987 four hundred dollars. Such payments shall be made as follows:
6988 Twenty-five per cent of the amount not later than July fifteenth and
6989 September fifteenth based on estimated student enrollment on May
6990 first, and twenty-five per cent of the amount not later than January
6991 fifteenth and the remaining amount not later than April fifteenth, each
6992 based on student enrollment on October first. If the total amount
6993 appropriated for grants pursuant to this subdivision exceeds eight
6994 thousand six hundred fifty dollars per student for the fiscal year
6995 ending June 30, 2008, and exceeds nine thousand three hundred
6996 dollars for the fiscal year ending June 30, 2009, the amount of such
6997 grants payable per student shall be increased proportionately, except
6998 that such per student increase shall not exceed seventy dollars. Any
6999 amount of such appropriation remaining after such per student
7000 increase may be used by the Department of Education for
7001 supplemental grants to interdistrict magnet schools pursuant to

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7002 subdivision (2) of subsection (c) of section 10-264l, as amended by this
7003 act, to pay for a portion of the audit required pursuant to section 10-
7004 66ll, to pay for expenses incurred by the Department of Education to
7005 ensure the continuity of a charter school where required by a court of
7006 competent jurisdiction and, in consultation with the Secretary of the
7007 Office of Policy and Management, to pay expenses incurred in the
7008 creation of a school pursuant to section 10-74g. For the fiscal year
7009 ending June 30, 2005, such increase shall be limited to one hundred ten
7010 dollars per student. (2) In the case of a student identified as requiring
7011 special education, the school district in which the student resides shall:
7012 (A) Hold the planning and placement team meeting for such student
7013 and shall invite representatives from the charter school to participate
7014 in such meeting; and (B) pay the state charter school, on a quarterly
7015 basis, an amount equal to the difference between the reasonable cost of
7016 educating such student and the sum of the amount received by the
7017 state charter school for such student pursuant to subdivision (1) of this
7018 subsection and amounts received from other state, federal, local or
7019 private sources calculated on a per pupil basis. Such school district
7020 shall be eligible for reimbursement pursuant to section 10-76g, as
7021 amended by this act. The charter school a student requiring special
7022 education attends shall be responsible for ensuring that such student
7023 receives the services mandated by the student's individualized
7024 education program whether such services are provided by the charter
7025 school or by the school district in which the student resides.

7026 Sec. 201. Subsection (f) of section 10-266p of the general statutes is
7027 repealed and the following is substituted in lieu thereof (Effective July
7028 1, 2011):

7029 (f) In addition to the amounts allocated in subsection (a), and


7030 subsections (c) to (e), inclusive, of this section, for the fiscal year
7031 ending June 30, 2006, the State Board of Education shall allocate two
7032 million thirty-nine thousand six hundred eighty-six dollars to the
7033 towns that rank one to three, inclusive, in population pursuant to
7034 subdivision (1) of said subsection (a), and for the fiscal years ending

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7035 June 30, 2007, to June 30, [2011] 2013, the State Board of Education shall
7036 allocate two million six hundred ten thousand seven hundred ninety-
7037 eight dollars to the towns that rank one to three, inclusive, in
7038 population pursuant to subdivision (1) of said subsection (a).

7039 Sec. 202. Subdivision (9) of section 10-262f of the general statutes is
7040 repealed and the following is substituted in lieu thereof (Effective July
7041 1, 2011):

7042 (9) "Foundation" means (A) for the fiscal year ending June 30, 1990,
7043 three thousand nine hundred eighteen dollars, (B) for the fiscal year
7044 ending June 30, 1991, four thousand one hundred ninety-two dollars,
7045 (C) for the fiscal year ending June 30, 1992, four thousand four
7046 hundred eighty-six dollars, (D) for the fiscal years ending June 30,
7047 1993, June 30, 1994, and June 30, 1995, four thousand eight hundred
7048 dollars, (E) for the fiscal years ending June 30, 1996, June 30, 1997, and
7049 June 30, 1998, five thousand seven hundred eleven dollars, (F) for the
7050 fiscal year ending June 30, 1999, five thousand seven hundred seventy-
7051 five dollars, (G) for the fiscal years ending June 30, 2000, to June 30,
7052 2007, inclusive, five thousand eight hundred ninety-one dollars, and
7053 (H) for the fiscal years ending June 30, 2008, to June 30, [2012] 2013,
7054 inclusive, nine thousand six hundred eighty-seven dollars.

7055 Sec. 203. Section 10-65 of the general statutes is repealed and the
7056 following is substituted in lieu thereof (Effective July 1, 2011):

7057 (a) Each local or regional school district operating an agricultural


7058 science and technology education center approved by the State Board
7059 of Education for program, educational need, location and area to be
7060 served shall be eligible for the following grants: (1) In accordance with
7061 the provisions of chapter 173, through progress payments in
7062 accordance with the provisions of section 10-287i, ninety-five per cent
7063 of the net eligible costs of constructing, acquiring, renovating and
7064 equipping approved facilities to be used for such agricultural science
7065 and technology education center, for the expansion or improvement of
7066 existing facilities or for the replacement or improvement of equipment

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Bill No. 6651
7067 therein, and (2) subject to the provisions of section 10-65b, in an
7068 amount equal to one thousand three hundred fifty-five dollars per
7069 student for every secondary school student who was enrolled in such
7070 center on October first of the previous year.

7071 (b) Each local or regional board of education not maintaining an


7072 agricultural science and technology education center shall provide
7073 opportunities for its students to enroll in one or more such centers in a
7074 number that is at least equal to the number specified in any written
7075 agreement with each such center or centers, or in the absence of such
7076 an agreement, a number that is at least equal to the average number of
7077 its students that the board of education enrolled in each such center or
7078 centers during the previous three school years, provided, in addition
7079 to such number, each such board of education shall provide
7080 opportunities for its students to enroll in the ninth grade in a number
7081 that is at least equal to the number specified in any written agreement
7082 with each such center or centers, or in the absence of such an
7083 agreement, a number that is at least equal to the average number of
7084 students that the board of education enrolled in the ninth grade in each
7085 such center or centers during the previous three school years. If a local
7086 or regional board of education provided opportunities for students to
7087 enroll in more than one center for the school year commencing July 1,
7088 2007, such board of education shall continue to provide such
7089 opportunities to students in accordance with this subsection. The
7090 board of education operating an agricultural science and technology
7091 education center may charge, subject to the provisions of section 10-
7092 65b, tuition for a school year in an amount not to exceed eighty-two
7093 and five-tenths per cent of the foundation level pursuant to
7094 subdivision (9) of section 10-262f, as amended by this act, per student
7095 for the fiscal year in which the tuition is paid, except that such board
7096 may charge tuition for (1) students enrolled under shared-time
7097 arrangements on a pro rata basis, and (2) special education students
7098 which shall not exceed the actual costs of educating such students
7099 minus the amounts received pursuant to subdivision (2) of subsection
7100 (a) of this section and subsection (c) of this section. Any tuition paid by

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Bill No. 6651
7101 such board for special education students in excess of the tuition paid
7102 for non-special-education students shall be reimbursed pursuant to
7103 section 10-76g, as amended by this act.

7104 (c) In addition to the grants described in subsection (a) of this


7105 section, within available appropriations, (1) each local or regional
7106 board of education operating an agricultural science and technology
7107 education center in which more than one hundred fifty of the students
7108 in the prior school year were out-of-district students shall be eligible to
7109 receive a grant in an amount equal to five hundred dollars for every
7110 secondary school student enrolled in such center on October first of the
7111 previous year, (2) on and after July 1, 2000, if a local or regional board
7112 of education operating an agricultural science and technology
7113 education center that received a grant pursuant to subdivision (1) of
7114 this subsection no longer qualifies for such a grant, such local or
7115 regional board of education shall receive a grant in an amount
7116 determined as follows: (A) For the first fiscal year such board of
7117 education does not qualify for a grant under said subdivision (1), a
7118 grant in the amount equal to four hundred dollars for every secondary
7119 school student enrolled in its agricultural science and technology
7120 education center on October first of the previous year, (B) for the
7121 second successive fiscal year such board of education does not so
7122 qualify, a grant in an amount equal to three hundred dollars for every
7123 such secondary school student enrolled in such center on said date, (C)
7124 for the third successive fiscal year such board of education does not so
7125 qualify, a grant in an amount equal to two hundred dollars for every
7126 such secondary school student enrolled in such center on said date,
7127 and (D) for the fourth successive fiscal year such board of education
7128 does not so qualify, a grant in an amount equal to one hundred dollars
7129 for every such secondary school student enrolled in such center on
7130 said date, and (3) each local and regional board of education operating
7131 an agricultural science and technology education center that does not
7132 receive a grant pursuant to subdivision (1) or (2) of this subsection
7133 shall receive a grant in an amount equal to sixty dollars for every
7134 secondary school student enrolled in such center on said date.

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Bill No. 6651
7135 (d) (1) If there are any remaining funds after the amount of the
7136 grants described in subsections (a) and (c) of this section are calculated,
7137 within available appropriations, each local or regional board of
7138 education operating an agricultural science and technology education
7139 center shall be eligible to receive a grant in an amount equal to one
7140 hundred dollars for each student enrolled in such center on October
7141 first of the previous school year. (2) If there are any remaining funds
7142 after the amount of the grants described in subdivision (1) of this
7143 subsection are calculated, within available appropriations, each local
7144 or regional board of education operating an agricultural science and
7145 technology education center that had more than one hundred fifty out-
7146 of-district students enrolled in such center on October first of the
7147 previous school year shall be eligible to receive a grant based on the
7148 ratio of the number of out-of-district students in excess of one hundred
7149 fifty out-of-district students enrolled in such center on said date to the
7150 total number of out-of-district students in excess of one hundred fifty
7151 out-of-district students enrolled in all agricultural science and
7152 technology education centers that had in excess of one hundred fifty
7153 out-of-district students enrolled on said date.

7154 (e) For the fiscal years ending June 30, 2012, and June 30, 2013, the
7155 Department of Education shall allocate five hundred thousand dollars
7156 to local or regional boards of education operating an agricultural
7157 science and technology education center in accordance with the
7158 provisions of subsections (b) to (d), inclusive, of this section.

7159 Sec. 204. (Effective July 1, 2011) (a) The Commissioner of Education,
7160 in consultation with the Commissioner of Higher Education, shall (1)
7161 establish within existing budgetary resources, or (2) apply for any
7162 available federal, state or private money to enable said commissioners
7163 to establish, a college transition pilot program with (A) the adult
7164 education program in New Haven and Gateway Community College,
7165 (B) the adult education program in Manchester and Manchester
7166 Community College, and (C) the adult education program in Meriden
7167 and Middlesex Community College.

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Bill No. 6651
7168 (b) The college transition pilot program shall offer college
7169 preparatory classes to adults who (1) have obtained a high school
7170 diploma or its equivalent, and (2) require intensive postsecondary
7171 developmental education that will enable such adults to enroll directly
7172 in a program of higher learning, as defined in section 10a-34 of the
7173 general statutes, at an institution of higher education upon completion
7174 of such pilot program.

7175 (c) Not later than October 1, 2012, the Commissioners of Education
7176 and Higher Education shall report to the joint standing committees of
7177 the General Assembly having cognizance of matters relating to higher
7178 education and education, in accordance with the provisions of section
7179 11-4a of the general statutes, concerning the results of the pilot
7180 program. The report shall include, but not be limited to: (1) The
7181 number, ages and educational history of the adults who participated in
7182 the pilot program; (2) the dates each adult participated in such pilot
7183 program; (3) the subject matter in which each such adult required
7184 postsecondary developmental education; (4) a description of the
7185 college preparatory classes that were offered through such pilot
7186 program; (5) the level of improvement of each such adult in each
7187 subject matter in which such adult required postsecondary
7188 developmental education; (6) the results of any college placement
7189 examinations taken by each such adult and the dates of such
7190 examinations; (7) whether any adults who participated in such pilot
7191 program applied for acceptance to, enrolled in or registered for a
7192 program of higher learning at an institution of higher education prior
7193 to or upon completion of such pilot program and, if so, a description of
7194 such program of higher learning; and (8) the cost of offering college
7195 preparatory classes through such pilot program in comparison to the
7196 cost of offering the equivalent or similar postsecondary developmental
7197 education classes at an institution of higher education in this state.

7198 Sec. 205. (Effective July 1, 2011) (a) The Commissioner of Education,
7199 in consultation with the Commissioner of Higher Education, shall (1)
7200 establish within existing budgetary resources, or (2) apply for any

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Bill No. 6651
7201 available federal, state or private money to enable such commissioners
7202 to establish a college transition pilot program at James Hillhouse High
7203 School and Gateway Community College.

7204 (b) The college transition pilot program shall offer college
7205 preparatory classes to high school students who (1) have not yet
7206 obtained a high school diploma or its equivalent, and (2) require
7207 intensive developmental education that will enable such students to
7208 enroll directly in a program of higher learning, as defined in section
7209 10a-34 of the general statutes, at an institution of higher education
7210 upon completion of such pilot program.

7211 (c) Not later than October 1, 2012, the Commissioners of Education
7212 and Higher Education shall report to the joint standing committees of
7213 the General Assembly having cognizance of matters relating to higher
7214 education and education, in accordance with the provisions of section
7215 11-4a of the general statutes, concerning the results of the pilot
7216 program. The report shall include, but not be limited to: (1) The
7217 number, ages and educational history of the students who participated
7218 in the pilot program; (2) the dates each student participated in such
7219 pilot program; (3) the subject matter in which each such student
7220 required developmental education; (4) a description of the college
7221 preparatory classes that were offered through such pilot program; (5)
7222 the level of improvement of each such student in each subject matter in
7223 which such student required developmental education; (6) the results
7224 of any college placement examinations taken by each such student and
7225 the dates of such examinations; (7) whether any students who
7226 participated in such pilot program applied for acceptance to, enrolled
7227 in or registered for a program of higher learning at an institution of
7228 higher education prior to or upon completion of such pilot program
7229 and, if so, a description of such program of higher learning; and (8) the
7230 cost of offering college preparatory classes through such pilot program
7231 in comparison to the cost of offering the equivalent or similar
7232 developmental education classes at an institution of higher education
7233 in this state.

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Bill No. 6651
7234 Sec. 206. Subsection (a) of section 7-127d of the general statutes is
7235 repealed and the following is substituted in lieu thereof (Effective July
7236 1, 2011):

7237 (a) There is established a neighborhood youth center grant program


7238 which shall be administered by the [Office of Policy and Management,
7239 except that operation of the program shall be suspended for the fiscal
7240 years ending June 30, 2004, and June 30, 2005] Department of
7241 Education.

7242 Sec. 207. Section 7-127e of the general statutes is repealed and the
7243 following is substituted in lieu thereof (Effective July 1, 2011):

7244 (a) The [Office of Policy and Management] Department of Education


7245 shall solicit competitive proposals under this program for the fiscal
7246 [years] year beginning July 1, [1996, and July 1, 1999] 2011, and every
7247 two years thereafter. [, except that no competitive proposals shall be
7248 solicited for the fiscal years ending June 30, 2004, and June 30, 2005.
7249 The Office of Policy and Management] The Department of Education
7250 shall notify the eligible agencies of the amount of funds provided for
7251 each city in accordance with section 7-127d. Eligible agencies may file a
7252 grant application with the [Office of Policy and Management]
7253 Department of Education on such form and at such time as [that office]
7254 the department may require.

7255 (b) Grant funds made available for the provisions of sections 7-127d
7256 to 7-127g, inclusive, shall not be used to supplant existing services. A
7257 minimum of twenty-five per cent of the total program costs for each
7258 neighborhood youth center program shall be supported with local
7259 funds or in-kind contributions which may include federal, local and
7260 private funds which support existing services.

7261 (c) The [Office of Policy and Management] Department of Education


7262 shall review all grant applications received and make the decisions
7263 concerning which applications shall be funded and at what funding
7264 levels. Criteria for such decisions shall include (1) documentation of

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Bill No. 6651
7265 need for the program through crime and poverty statistics for the
7266 neighborhood to be served; (2) responsiveness to program component
7267 requirements; (3) reasonableness of costs; (4) soundness of program
7268 plan; (5) experience of the applicant agency in providing youth
7269 recreational services; and (6) evidence of collaboration and
7270 coordination with other children's services providers in the
7271 neighborhood. The [Office of Policy and Management] Department of
7272 Education shall convene and chair an advisory committee to assist in
7273 grant application review. Such committee shall include representatives
7274 of [the Office of Policy and Management,] the Judicial Department,
7275 and the Departments of Children and Families, Education, Public
7276 Health and Social Services.

7277 (d) In order to be eligible to receive funds from the [Office of Policy
7278 and Management] Department of Education for the Leadership,
7279 Education, Athletics in Partnership (LEAP) program, or the
7280 neighborhood youth centers program, an applicant must provide a
7281 match of at least fifty per cent of the grant amount. The cash portion of
7282 such match shall be at least twenty-five per cent of the grant amount.

7283 Sec. 208. Section 10a-169 of the general statutes is repealed and the
7284 following is substituted in lieu thereof (Effective July 1, 2011):

7285 (a) For the fiscal year commencing on July 1, 1987, and thereafter,
7286 any student (1) who is a resident of the state as defined under sections
7287 10a-28, 10a-29, and 10a-30, (2) who has not received a baccalaureate
7288 degree, and (3) who has been accepted for study on a full-time or part-
7289 time basis at any postsecondary school, technical institute, college or
7290 university within the state or in any other state which permits its
7291 students to bring state student financial assistance funds into
7292 Connecticut shall be eligible for financial assistance under the capitol
7293 scholarship grant program at any stage of postsecondary study. All
7294 such institutions shall be previously approved or accredited by the
7295 Board of Governors of Higher Education or by the State Board of
7296 Education for postsecondary study. Grants under said program shall

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Bill No. 6651
7297 be based on financial need and either previous high school academic
7298 achievement or performance on standardized academic aptitude tests,
7299 as determined by the Board of Governors of Higher Education. The
7300 maximum award tendered to a student attending an institution in the
7301 state shall not exceed three thousand dollars annually. The maximum
7302 award tendered to a student attending an out-of-state institution shall
7303 not exceed five hundred dollars annually. Sums so awarded shall be
7304 disbursed by the accepting institution on behalf of the student for
7305 tuition fees, books, board or any legitimate educational expense.

7306 (b) Notwithstanding the provisions of subsection (a) of this section,


7307 for the fiscal years ending June 30, 2012, and June 30, 2013, (1) no
7308 student shall be eligible for financial assistance under the capitol
7309 scholarship grant program unless such student was eligible and
7310 received financial assistance in the fiscal year ending June 30, 2011, and
7311 (2) grants under said program shall be reduced proportionately if the
7312 total amount of such grants exceeds the amount appropriated to the
7313 capitol scholarship program in section 1 of public act 11-6.

7314 Sec. 209. Subsection (a) of section 11-24b of the general statutes is
7315 repealed and the following is substituted in lieu thereof (Effective July
7316 1, 2011):

7317 (a) Each principal public library, as defined in section 11-24a, shall
7318 be eligible to receive a state grant in accordance with the provisions of
7319 subsections (b), (c) and (d) of this section provided the following
7320 requirements are met:

7321 (1) An annual statistical report which includes certification that the
7322 grant, when received, shall be used for library purposes is filed with
7323 the State Library Board in such manner as the board may require. The
7324 report shall include information concerning local library governance,
7325 hours of service, type of facilities, library policies, resources, programs
7326 and services available, measurement of levels of services provided,
7327 personnel and fiscal information concerning library receipts and
7328 expenditures;

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7329 (2) Documents certifying the legal establishment of the principal
7330 public library in accordance with the provisions of section 11-20 are
7331 filed with the board;

7332 (3) The library is a participating library in the Connecticard program


7333 established pursuant to section 11-31b;

7334 (4) Except for the fiscal years ending June 30, 2010, [and] to June 30,
7335 [2011] 2013, inclusive, the principal public library shall not have had
7336 the amount of its annual tax levy or appropriation reduced to an
7337 amount which is less than the average amount levied or appropriated
7338 for the library for the three fiscal years immediately preceding the year
7339 of the grant, except that if the expenditures of the library in any one
7340 year in such three-year period are unusually high as compared with
7341 expenditures in the other two years, the library may request an
7342 exception to this requirement and the board, upon review of the
7343 expenditures for that year, may grant an exception;

7344 (5) State grant funds shall be expended within two years of the date
7345 of receipt of such funds. If the funds are not expended in that period,
7346 the library shall submit a plan to the State Librarian for the
7347 expenditure of any unspent balance;

7348 (6) Principal public libraries shall not charge individuals residing in
7349 the town in which the library is located or the town in which the
7350 contract library is located for borrowing and lending library materials,
7351 accessing information, advice and assistance and programs and
7352 services which promote literacy; and

7353 (7) Principal public libraries shall provide equal access to library
7354 service for all individuals and shall not discriminate upon the basis of
7355 age, race, sex, religion, national origin, handicap or place of residency
7356 in the town in which the library is located or the town in which the
7357 contract library is located.

7358 Sec. 210. Subdivision (3) of subsection (a) of section 10-264i of the

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7359 general statutes is repealed and the following is substituted in lieu
7360 thereof (Effective July 1, 2011):

7361 (3) For districts assisting the state in meeting the goals of the 2008
7362 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al.,
7363 as determined by the commissioner, (i) for the fiscal year ending June
7364 30, 2010, the amount of such grant shall not exceed an amount equal to
7365 the number of such children transported multiplied by one thousand
7366 four hundred dollars, and (ii) for the fiscal [year] years ending June 30,
7367 2011, to June 30, 2013, inclusive, the amount of such grant shall not
7368 exceed an amount equal to the number of such children transported
7369 multiplied by two thousand dollars.

7370 Sec. 211. (NEW) (Effective July 1, 2011) (a) There shall be a Board of
7371 Regents for Higher Education who shall serve as the governing body
7372 for the regional community-technical college system, the Connecticut
7373 State University System and Charter Oak State College. The board
7374 shall consist of nineteen members who shall be distinguished leaders
7375 of the community in Connecticut. The board shall reflect the state's
7376 geographic, racial and ethnic diversity. The voting members shall not
7377 be employed by or be a member of a board of trustees for any
7378 independent institution of higher education in this state or the Board
7379 of Trustees for The University of Connecticut nor shall they be
7380 employed by or be elected officials of any public agency as defined in
7381 subdivision (1) of section 1-200 of the general statutes, during their
7382 term of membership on the Board of Regents for Higher Education.
7383 The Governor shall appoint nine members to the board as follows:
7384 Three members for a term of two years; three members for a term of
7385 four years; and three members for a term of six years. Thereafter, the
7386 Governor shall appoint members of the board to succeed such
7387 appointees whose terms expire and each member so appointed shall
7388 hold office for a period of six years from the first day of July in the year
7389 of his or her appointment. Four members of the board shall be
7390 appointed as follows: One appointment by the president pro tempore
7391 of the Senate, who shall be an alumnus of the regional community-

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7392 technical college system, for a term of four years; one appointment by
7393 the minority leader of the Senate, who shall be an alumnus of the
7394 Connecticut State University System, for a term of three years; one
7395 appointment by the speaker of the House of Representatives, who shall
7396 be a specialist in the education of children in grades kindergarten to
7397 twelve, inclusive, for a term of four years; and one appointment by the
7398 minority leader of the House of Representatives, who shall be an
7399 alumnus of Charter Oak State College, for a term of three years.
7400 Thereafter, such members of the General Assembly shall appoint
7401 members of the board to succeed such appointees whose terms expire
7402 and each member so appointed shall hold office for a period of four
7403 years from the first day of July in the year of his or her appointment.
7404 The chairperson and vice-chairperson of the student advisory
7405 committee created under section 10a-3 of the general statutes, as
7406 amended by this act, shall serve as members of the board. The
7407 Commissioners of Education, Economic and Community Development
7408 and Public Health and the Labor Commissioner shall serve as ex-
7409 officio, nonvoting members of the board.

7410 (b) The initial members of the Board of Regents for Higher
7411 Education may begin service immediately upon appointment without
7412 regard to section 4-19 of the general statutes, but shall not serve past
7413 the sixth Wednesday of the next regular session of the General
7414 Assembly unless qualified in the manner provided in said section.
7415 Thereafter, all appointments shall be made with the advice and
7416 consent of the General Assembly, in the manner provided in section 4-
7417 19 of the general statutes. Any vacancy in the Board of Governors of
7418 Regents for Higher Education shall be filled in the manner provided in
7419 section 4-19 of the general statutes.

7420 (c) The Governor shall appoint the chairperson of the board, who
7421 shall serve for a term of three years. The board shall elect from its
7422 members a vice-chairperson and such other officers as it deems
7423 necessary. Vacancies among any officers shall be filled within thirty
7424 days following the occurrence of such vacancy in the same manner as

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7425 the original selection. Said board shall establish bylaws to govern its
7426 procedures and shall appoint such committees and advisory boards as
7427 may be convenient or necessary in the transaction of its business.

7428 Sec. 212. (NEW) (Effective July 1, 2011) (a) The Governor shall
7429 appoint an interim president of the Board of Regents for Higher
7430 Education who shall serve as president until a successor is appointed
7431 and confirmed. On or after January 1, 2012, the president of the Board
7432 of Regents for Higher Education shall be recommended by the board
7433 and appointed by the Governor in accordance with the provisions of
7434 sections 4-5 to 4-8, inclusive, of the general statutes with the powers
7435 and duties prescribed by said sections. The president shall (1) have the
7436 responsibility for implementing the policies and directives of the board
7437 and any additional responsibilities as the board may prescribe, (2)
7438 implement the goals identified and recommendations made pursuant
7439 to section 10a-11b of the general statutes, (3) build interdependent
7440 support among the Connecticut State University System, the regional
7441 community-technical college system and Charter Oak State College, (4)
7442 balance central authority with institutional differentiation, autonomy
7443 and creativity, and (5) facilitate cooperation and synergy among
7444 Connecticut State University System, the regional community-
7445 technical college system and Charter Oak State College. Such president
7446 may designate an alternate to serve as a member of any commission,
7447 foundation or committee upon which the general statutes require such
7448 president to serve. Such designee may vote on behalf of such
7449 president. There shall be an executive staff responsible for the
7450 operation of the Board of Regents for Higher Education. The executive
7451 staff shall be under the direction of the president of the Board of
7452 Regents for Higher Education, who shall be the chief executive officer
7453 of the Board of Regents for Higher Education and shall administer,
7454 coordinate and supervise the activities of the board in accordance with
7455 the policies established by the board.

7456 (b) The president may employ staff as is deemed necessary,


7457 including, but not limited to, temporary assistants and consultants.

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7458 The board shall establish terms and conditions of employment of its
7459 staff, prescribe their duties and fix the compensation of its professional
7460 and technical personnel.

7461 (c) Upon recommendation of the president, the Board of Regents


7462 shall appoint two vice presidents who shall serve as liaisons for the
7463 Board of Regents with respect to the Connecticut State University
7464 System and the regional community-technical colleges.

7465 Sec. 213. Section 10a-3 of the general statutes is repealed and the
7466 following is substituted in lieu thereof (Effective July 1, 2011):

7467 (a) There shall be a [standing committee which shall serve as an


7468 advisory body] student advisory committee to the Board of [Governors
7469 of] Regents for Higher Education to assist the board in performing its
7470 statutory functions. The committee shall consist of the following
7471 student members: [(1)] One member from each of the [Boards of
7472 Trustees of the Connecticut State University System and The
7473 University of Connecticut, two members from the Board of Trustees of
7474 the Community-Technical Colleges, one of whom shall be an alumnus
7475 of a regional technical college or shall have expertise and experience in
7476 business, labor, industry or technical occupations, and one member
7477 from a board of trustees of an independent college; (2) one member
7478 from the administrative staff of each of said constituent units, except
7479 that for the community-technical colleges there shall be two members,
7480 one of whom shall be an administrator at a former technical college,
7481 and one member from the administrative staff of an independent
7482 college; (3) one member from the faculty senate representing each of
7483 said constituent units, except that for the community-technical
7484 colleges, there shall be two faculty members, one of whom shall be a
7485 technical or technological education faculty member at a former
7486 technical college, and one member from the faculty of an independent
7487 college; (4) one student from each of said constituent units, except that
7488 for the community-technical colleges there shall be two students one of
7489 whom shall be enrolled in a technical or technological education

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Bill No. 6651
7490 program at a former technical college, and one student from an
7491 independent college; (5) one representative of the Board for State
7492 Academic Awards; and (6) one representative from the accredited
7493 private occupational schools of Connecticut] institutions within the
7494 jurisdiction of the Connecticut State University System, one member
7495 from each of the regional community-technical colleges and one
7496 member from Charter Oak State College. Such members shall serve a
7497 term of two years. If any member ceases to be a matriculating student
7498 in good standing, either as a full-time or part-time undergraduate or
7499 graduate student at the institution within the constituent unit system
7500 that elected such student, the membership of such student shall
7501 terminate. If the membership of any such student member terminates,
7502 the student government organization of the institution of higher
7503 education that elected such member shall, not later than thirty days
7504 after the membership terminates and in such a manner as the council
7505 determines, elect a student member who shall serve for the remainder
7506 of the term.

7507 (b) The members of the committee and alternates for such members
7508 shall be elected by the [constituents] student government organization
7509 of the institution of higher education they are to represent. [, in
7510 accordance with procedures established by the respective boards of
7511 trustees, except the Connecticut Conference of Independent Colleges
7512 shall serve as the appointing authority for members to represent
7513 independent colleges and the Accredited Private Occupational Schools
7514 of Connecticut shall serve as the appointing authority for its member.]
7515 The alternate members of the committee may serve in the absence of
7516 the regularly elected member.

7517 (c) The committee shall, on a rotating basis among its members and
7518 by a consensus vote of all its members, elect its own [chairman and
7519 secretary] chairperson and vice-chairperson, one of whom shall be a
7520 member from the Connecticut State University System and the other of
7521 whom shall be a member of the regional community-technical colleges,
7522 and such other officers as it deems necessary, to serve for a term of two

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Bill No. 6651
7523 years. The committee shall be deemed to be a public agency within the
7524 scope of the Freedom of Information Act, as defined in section 1-200,
7525 and shall keep such records as may be appropriate.

7526 (d) The committee, established pursuant to subsection (a) of this


7527 section, shall meet at least [twice annually] biannually with the Board
7528 of [Governors of] Regents for Higher Education. Agendas shall be
7529 prepared for such meetings and shall be distributed by the board prior
7530 thereto and shall consist of matters recommended for inclusion by the
7531 chairman of the Board of [Governors of] Regents for Higher Education
7532 and the committee. Such meetings shall be chaired by the [chairman]
7533 chairperson of the Board of [Governors of] Regents for Higher
7534 Education and the committee members shall have the right to
7535 participate in all discussions and deliberations, but shall not have the
7536 right to vote at such meetings.

7537 Sec. 214. (NEW) (Effective July 1, 2011) (a) There shall be a faculty
7538 advisory committee to the Board of Regents for Higher Education to
7539 assist the board in performing its statutory functions. The committee
7540 shall consist of the following members: Three faculty members from
7541 the Connecticut State University System, three faculty members from
7542 the regional community-technical college system and one faculty
7543 member from Charter Oak State College. Such members shall serve a
7544 term of two years. If the membership of any such faculty member
7545 terminates, the constituent unit that elected such member shall, not
7546 later than thirty days after the membership terminates and in such
7547 manner as the council determines, elect a faculty member who shall
7548 serve for the remainder of the term.

7549 (b) The members of the committee and alternates for such members
7550 shall be elected pursuant to a system-wide election by the faculty
7551 senates representing each of the constituent units they are to represent.
7552 The alternate members of the committee may serve in the absence of
7553 the regularly elected member.

7554 (c) The committee shall, on a rotating basis among its members,

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Bill No. 6651
7555 elect its own chairperson and vice-chairperson, one of whom shall be a
7556 member from the Connecticut State University System and the other of
7557 whom shall be a member of the regional community-technical colleges
7558 and such other officers as it deems necessary, to serve for a term of two
7559 years. The committee shall be deemed to be a public agency within the
7560 scope of the Freedom of Information Act, as defined in section 1-200 of
7561 the general statutes, and shall keep such records as may be
7562 appropriate.

7563 (d) The committee, established pursuant to subsection (a) of this


7564 section, shall meet at least biannually with the Board of Regents for
7565 Higher Education. Agendas shall be prepared for such meetings and
7566 shall be distributed by the board prior thereto and shall consist of
7567 matters recommended for inclusion by the chairman of the Board of
7568 Regents for Higher Education and the committee. Such meetings shall
7569 be chaired by the chairperson of the Board of Regents for Higher
7570 Education and the committee members shall have the right to
7571 participate in all discussions and deliberations, but shall not have the
7572 right to vote at such meetings.

7573 (e) Beginning on January 1, 2012, and annually thereafter, the


7574 faculty advisory committee shall report to the joint standing
7575 committees of the General Assembly having cognizance of matters
7576 relating to higher education and appropriations, in accordance with
7577 the provisions of section 11-4a of the general statutes, regarding the
7578 performance of its statutory functions and its biannual meetings with
7579 the Board of Regents for Higher Education.

7580 Sec. 215. Section 10a-8 of the general statutes is repealed and the
7581 following is substituted in lieu thereof (Effective July 1, 2011):

7582 (a) The provisions of sections 4-77 and 4-78 shall not apply to the
7583 constituent units of the state system of higher education, and for the
7584 purposes of said sections only, the Board of [Governors of] Regents for
7585 Higher Education shall be deemed the budgeted agency for [such
7586 constituent units] the Connecticut State University System, the

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7587 regional community-technical college system and Charter Oak State
7588 College. The Board of [Governors of] Regents for Higher Education
7589 shall develop a formula or program-based budgeting system to be
7590 used by each institution [and constituent board] in preparing
7591 operating budgets. The Board of [Governors of] Regents for Higher
7592 Education shall prepare a single [public higher education] budget
7593 request itemized by the [individual institution and branch]
7594 Connecticut State University System, the regional community-
7595 technical colleges and the Board for State Academic Awards using the
7596 formula or program-based budgeting system and shall submit such
7597 budget request displaying all operating funds to the Secretary of the
7598 Office of Policy and Management in accordance with sections 4-77 and
7599 4-78, subject to procedures developed by the Board of [Governors of]
7600 Regents for Higher Education and approved by said secretary. The
7601 budget request [of the Boards of Trustees of The University of
7602 Connecticut, the Community-Technical Colleges and the Connecticut
7603 State University System] shall set forth, in the form prescribed by the
7604 Board of [Governors of] Regents for Higher Education, a proposed
7605 expenditure plan which shall include: (1) The total amount requested
7606 for such appropriation account; (2) the amount to be appropriated
7607 from the General Fund; and (3) the amount to be paid from the tuition
7608 revenues of [The University of Connecticut,] the regional community-
7609 technical colleges and the Connecticut State University System. After
7610 review and comment by the Board of [Governors of] Regents for
7611 Higher Education, the proposed expenditure plans shall be
7612 incorporated into the single public higher education budget request
7613 including recommendations, if any, by said board. Any tuition increase
7614 proposed by the [Boards of Trustees of The University of Connecticut,
7615 the] Community-Technical Colleges and the Connecticut State
7616 University System for the fiscal year to which the budget request
7617 relates shall be included in the single public higher education budget
7618 request submitted by the Board of [Governors of] Regents for Higher
7619 Education for such fiscal year, provided if the General Assembly does
7620 not appropriate the amount requested by any such board of trustees,

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Bill No. 6651
7621 such board of trustees may increase tuition and fees by an amount
7622 greater than that included in the budget request in response to which
7623 the appropriation was made. The General Assembly shall make
7624 appropriations directly to the constituent [unit boards. Said constituent
7625 unit boards shall allocate appropriations to the individual institutions
7626 and branches with due consideration to the program or formula-based
7627 budget used to develop the appropriation as approved by the General
7628 Assembly or as otherwise specified in the approved appropriation]
7629 units. Allotment reductions made pursuant to the provisions of
7630 subsections (b) and (c) of section 4-85 shall be applied by the Board of
7631 [Governors of] Regents for Higher Education among the
7632 appropriations to the constituent [unit boards] units without regard to
7633 the limitations on reductions provided in said section, except that said
7634 limitations shall apply to the total of the amounts appropriated. [to the
7635 higher education budgeted agencies.] The Board of [Governors of]
7636 Regents for Higher Education shall apply such reductions after
7637 consultation with the Secretary of the Office of Policy and
7638 Management. [and the constituent unit boards.] Any reductions of
7639 more than five per cent of the appropriations of any constituent units
7640 shall be submitted to the appropriations committee which shall, within
7641 [ten] thirty days, approve or reject such reduction.

7642 (b) The boards of trustees of each of the constituent units may
7643 transfer to or from any specific appropriation of such constituent unit a
7644 sum or sums totaling up to fifty thousand dollars or ten per cent of any
7645 such specific appropriation, whichever is less, in any fiscal year
7646 without the consent of the Finance Advisory Committee. Any such
7647 transfer shall be reported to the Finance Advisory Committee within
7648 thirty days of such transfer and such report shall be a record of said
7649 committee.

7650 Sec. 216. Section 10a-71 of the general statutes is repealed and the
7651 following is substituted in lieu thereof (Effective July 1, 2011):

7652 [(a) There shall be a] Beginning on January 1, 2012, the Board of

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7653 Regents for Higher Education shall serve as the Board of Trustees for
7654 Community-Technical Colleges. [to consist] The Board of Trustees for
7655 Community-Technical Colleges that is in office on June 30, 2011, shall
7656 remain in office until December 31, 2011, to provide assistance in
7657 transitioning duties and responsibilities to the Board of Regents for
7658 Higher Education during the period of July 1, 2011, to December 31,
7659 2011. For the transition period of July 1, 2011, to December 31, 2011,
7660 any action of the Board of Trustees shall not be final until ratified by
7661 the Board of Regents for Higher Education. Until December 31, 2011,
7662 there shall be a Board of Trustees for Community-Technical Colleges
7663 consisting, except as otherwise provided in this section, of twenty-four
7664 persons, twenty-two to be appointed by the Governor, who shall
7665 reflect the state's geographic, racial and ethnic diversity, one of whom
7666 shall be a regional community college or regional community-technical
7667 college alumnus and one of whom shall be a regional technical college
7668 or regional community-technical college alumnus and two to be
7669 elected by the students enrolled at the institutions under the
7670 jurisdiction of said board. Except as otherwise provided, members
7671 appointed by the Governor shall serve for terms of six years each from
7672 July first in the year of their appointment. On or before August 15,
7673 1989, the Governor shall appoint one member who shall be a regional
7674 technical or community-technical college alumnus for a term which
7675 shall expire on June 30, 1995, to replace the regional community
7676 college alumnus whose term expires June 30, 1989, and eight members
7677 who shall have expertise and experience in business, labor, industry or
7678 the technical occupations, three for terms which shall expire on June
7679 30, 1991, three for terms which shall expire on June 30, 1993, and two
7680 for terms which shall expire June 30, 1995. Thereafter the Governor
7681 shall appoint members of said board to succeed those appointees
7682 whose terms expire, except that (1) with respect to the members of
7683 such board of trustees who were members of the Board of Trustees of
7684 the Regional Community Colleges prior to July 1, 1989, the Governor
7685 shall appoint two members to replace the four members whose terms
7686 expire on June 30, 1991, and shall appoint four members, one of whom

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Bill No. 6651
7687 shall be a regional community or community-technical college
7688 alumnus, to replace the five members whose terms expire on June 30,
7689 1993, and (2) with respect to the members of the board appointed on or
7690 after July 1, 1989, and on or before August 15, 1989, the Governor shall
7691 appoint one member to replace the three members whose terms expire
7692 on June 30, 1991, and shall appoint two members to replace the three
7693 members whose terms expire on June 30, 1993. On and after July 1,
7694 1993, the board shall at all times include at least six members who have
7695 expertise and experience in business, labor or industry. On and after
7696 July 1, 1999, the board shall at all times include at least one member
7697 from each county in which a community-technical college is located.
7698 On and after July 1, 2010, the board shall at all times include at least
7699 two members who have, through education or experience, an
7700 understanding of relevant accounting principles and practices and
7701 financial statements.

7702 (b) On or before November 1, 1975, the students enrolled at the


7703 institutions under the jurisdiction of said board shall, in such manner
7704 as said board shall determine, elect two members of said board, each of
7705 whom shall be enrolled for at least six credits at an institution under
7706 the jurisdiction of said board at the time of his election. One such
7707 member shall be elected for a term of one year from November 1, 1975,
7708 and one for a term of two years from said date. On or before
7709 November first, and annually thereafter, such students shall, in such
7710 manner as the board shall determine, elect one member of said board,
7711 who shall be so enrolled at any such institution at the time of his
7712 election and who shall serve for a term of two years from November
7713 first in the year of his election, except that the term of the regional
7714 community college student whose term expires on October 31, 1989,
7715 shall expire on July 1, 1989, and the student member of the Board of
7716 Trustees of the State Technical Colleges prior to July 1, 1989, whose
7717 term was to expire on October 31, 1989, shall, on July 1, 1989, be a
7718 member of the Board of Trustees of the Community-Technical Colleges
7719 until October 31, 1989. The regional community college student whose
7720 term expires on October 31, 1990, shall continue as a member of said

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Bill No. 6651
7721 board until said date. On and after July 1, 1989, the student members
7722 of said board shall be elected as follows: (1) (A) On or before
7723 November 1, 1989, and until July 1, 1993, students enrolled at the
7724 regional technical colleges shall, in such manner as the board shall
7725 determine, elect one member of said board, who shall be enrolled for at
7726 least six credits at a regional technical college at the time of his election
7727 and who shall serve for a term of two years from November first in the
7728 year of his election, and (B) on or before November 1, 1990, students
7729 enrolled at the regional community colleges shall, in such manner as
7730 the board of trustees shall determine, elect one member of said board
7731 who shall be enrolled for at least six credits at a regional community
7732 college at the time of his election and who shall serve for a term of two
7733 years from November first in the year of his election. (2) On and after
7734 July 1, 1993, the student members of the board shall be elected as
7735 follows: (A) On or before November 1, 1993, and biennially thereafter,
7736 students enrolled in the institutions under the jurisdiction of the board
7737 shall, in such manner as the board shall determine, elect one member
7738 of the board, who shall be enrolled for at least six credits in a technical
7739 program at such an institution and who shall serve for a term of two
7740 years from November first in the year of his election, and (B) on or
7741 before November 1, 1994, and biennially thereafter, students enrolled
7742 in the institutions under the jurisdiction of the board shall, in such
7743 manner as the board shall determine, elect one member of the board,
7744 who shall be enrolled for at least six credits in a nontechnical program
7745 at such an institution and who shall serve for a term of two years from
7746 November first in the year of his election.

7747 (c) The Governor shall, pursuant to section 4-9a, as amended by this
7748 act, appoint the chairperson of the board. The board shall, biennially,
7749 elect from its members such other officers as it deems necessary. The
7750 Governor shall fill any vacancies in the appointed membership of said
7751 board by appointment for the balance of the unexpired term. Any
7752 vacancies in the elected membership of said board shall be filled by
7753 special election for the balance of the unexpired term. The members of
7754 said board shall receive no compensation for their services as such but

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7755 shall be reimbursed for their necessary expenses in the course of their
7756 duties.

7757 Sec. 217. Section 10a-72 of the general statutes is repealed and the
7758 following is substituted in lieu thereof (Effective July 1, 2011):

7759 (a) Subject to state-wide policy and guidelines established by the


7760 Board of [Governors of] Regents for Higher Education, said board of
7761 trustees shall administer the regional community-technical colleges
7762 and plan for the expansion and development of the institutions within
7763 its jurisdiction. [and submit such plans to the Board of Governors of
7764 Higher Education for review and recommendations.] The
7765 Commissioner of Public Works on request of the board of trustees
7766 shall, in accordance with section 4b-30, negotiate and execute leases on
7767 such physical facilities as the board of trustees may deem necessary for
7768 proper operation of such institutions, and said board of trustees may
7769 expend capital funds therefor, if such leasing is required during the
7770 planning and construction phases of institutions within its jurisdiction
7771 for which such capital funds were authorized. The board of trustees
7772 may appoint and remove the chief executive officer of each institution
7773 within its jurisdiction. [, and with respect to its own operation the
7774 board may appoint and remove a chancellor and an executive staff.
7775 The board of trustees may determine the size of the executive staff and
7776 the duties, terms and conditions of employment of a chancellor and
7777 staff, subject to personnel guidelines established by the Board of
7778 Governors of Higher Education in consultation with said board of
7779 trustees, provided said board of trustees may not appoint or reappoint
7780 members of the executive staff for terms longer than one year.] The
7781 board of trustees may employ the faculty and other personnel needed
7782 to operate and maintain the institutions within its jurisdiction. Within
7783 the limitation of appropriations, the board of trustees shall fix the
7784 compensation of such personnel, establish terms and conditions of
7785 employment and prescribe their duties and qualifications. Said board
7786 of trustees shall determine who constitutes its professional staff and
7787 establish compensation and classification schedules for its professional

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7788 staff. Said board shall annually submit to the Commissioner of
7789 Administrative Services a list of the positions which it has included
7790 within the professional staff. The board shall establish a division of
7791 technical and technological education. The board of trustees shall
7792 confer such certificates and degrees as are appropriate to the curricula
7793 of community-technical colleges. [subject to the approval of the Board
7794 of Governors of Higher Education.] The board of trustees shall [with
7795 the advice of, and subject to the approval of, the Board of Governors of
7796 Higher Education,] prepare plans for the development of a regional
7797 community-technical college and submit the same to the
7798 Commissioner of Public Works and request said commissioner to
7799 select the site for such college. Within the limits of the bonding
7800 authority therefor, the commissioner, subject to the provisions of
7801 section 4b-23, may acquire such site and construct such buildings as
7802 are consistent with the plan of development. [approved by the Board
7803 of Governors of Higher Education.]

7804 (b) Subject to state-wide policy and guidelines established by the


7805 Board of [Governors of] Regents for Higher Education, the board of
7806 trustees shall:

7807 (1) Make rules for the governance of the regional community-
7808 technical colleges, determine the general policies of said colleges,
7809 including those concerning the admission of students, and direct the
7810 expenditure of said colleges' funds within the amounts available;

7811 (2) Develop mission statements for the regional community-


7812 technical colleges: The mission statement for the regional community-
7813 technical colleges shall include, but need not be limited to the
7814 following elements: (A) The educational needs of and constituencies
7815 served by said colleges; (B) the degrees offered by said colleges, and
7816 (C) the role and scope of each institution within the community-
7817 technical college system, which shall include each institution's
7818 particular strengths and specialties; [. The board of trustees shall
7819 submit the mission statement to the Board of Governors of Higher

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7820 Education for review and approval in accordance with the provisions
7821 of section 10a-6;]

7822 (3) Establish policies for the regional community-technical colleges;

7823 (4) Establish policies which protect academic freedom and the
7824 content of courses and degree programs;

7825 (5) [Submit to the Board of Governors of Higher Education, for


7826 approval, recommendations for the establishment of] Establish new
7827 academic programs;

7828 (6) Make [recommendations to the Board of Governors of Higher


7829 Education, when appropriate, regarding] institutional mergers or
7830 closures;

7831 (7) Coordinate the programs and services of the institutions under
7832 its jurisdiction;

7833 (8) Promote fund-raising by the institutions under its jurisdiction in


7834 order to assist such institutions, provided the board shall not directly
7835 engage in fund-raising except for purposes of providing funding for
7836 (A) scholarships or other direct student financial aid and (B) programs,
7837 services or activities at one or more of the institutions within its
7838 jurisdiction and report to [the Commissioner of Higher Education and]
7839 the joint standing committee of the General Assembly having
7840 cognizance of matters relating to higher education by January 1, 1994,
7841 and biennially thereafter, on all such fund-raising; and

7842 (9) Charge the direct costs for a building project under its
7843 jurisdiction to the bond fund account for such project; provided, (A)
7844 such costs are charged in accordance with a procedure approved by
7845 the Treasurer and (B) nothing in this subdivision shall permit the
7846 charging of working capital costs, as defined in the applicable
7847 provisions of the Internal Revenue Code of 1986, or any subsequent
7848 corresponding internal revenue code of the United States, as from time
7849 to time amended, or costs originally paid from sources other than the

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7850 bond fund account.

7851 (c) [The board of trustees shall: (1) Review and approve institutional
7852 budget requests and prepare and submit to the Board of Governors of
7853 Higher Education, in accordance with the provisions of section 10a-8,
7854 the budget requests; and (2) propose facility planning and capital
7855 expenditure budget priorities for the institutions and divisions under
7856 its jurisdiction.] The board of trustees may request authority from the
7857 Treasurer to issue payment for claims against said colleges, other than
7858 a payment for payroll, debt service payable on state bonds to
7859 bondholders, paying agents, or trustees, or any payment the source of
7860 which includes the proceeds of a state bond issue.

7861 Sec. 218. Subsection (c) of section 10a-77 of the general statutes is
7862 repealed and the following is substituted in lieu thereof (Effective July
7863 1, 2011):

7864 (c) Commencing December 1, 1984, and thereafter not later than
7865 sixty days after the close of each quarter, the board of trustees shall
7866 submit to the joint standing committee of the General Assembly
7867 having cognizance of matters relating to appropriations and the
7868 budgets of state agencies and the Office of Policy and Management [,
7869 through the Board of Governors of Higher Education,] a report on the
7870 actual expenditures of the Regional Community-Technical Colleges
7871 Operating Fund. [containing such relevant information as the Board of
7872 Governors of Higher Education may require.]

7873 Sec. 219. Subsection (f) of section 10a-77 of the general statutes is
7874 repealed and the following is substituted in lieu thereof (Effective July
7875 1, 2011):

7876 (f) Said board shall set aside from its anticipated regional
7877 community-technical college tuition revenue, an amount not less than
7878 that required by [the board of governors'] said board's tuition policy.
7879 [established under subdivision (3) of subsection (a) of section 10a-6.]
7880 Such funds shall be used to provide tuition waivers, tuition remissions,

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7881 grants for educational expenses and student employment for residents
7882 enrolled in regional community-technical colleges as full or part-time
7883 matriculated students in a degree-granting program, or enrolled in a
7884 precollege remedial program, who demonstrate substantial financial
7885 need. Said board may also set aside from its anticipated tuition
7886 revenue an additional amount equal to one per cent of said tuition
7887 revenue for financial assistance for students who would not otherwise
7888 be eligible for financial assistance but who do have a financial need as
7889 determined by the college in accordance with this subsection. In
7890 determining such financial need, the college shall exclude the value of
7891 equity in the principal residence of the student's parents or legal
7892 guardians, or in the student's principal residence if the student is not
7893 considered to be a dependent of his parents or legal guardians and
7894 shall assess the earnings of a dependent student at the rate of thirty per
7895 cent.

7896 Sec. 220. Section 10a-88 of the general statutes is repealed and the
7897 following is substituted in lieu thereof (Effective July 1, 2011):

7898 [There shall continue to be a] Beginning on January 1, 2012, the


7899 Board of Regents for Higher Education shall serve as the Board of
7900 Trustees for the Connecticut State University System. [to consist] The
7901 Board of Trustees for the Connecticut State University System that is in
7902 office on June 30, 2011, shall remain in office until December 31, 2011,
7903 to provide assistance in transitioning duties and responsibilities to the
7904 Board of Regents for Higher Education during the period of July 1,
7905 2011, to December 31, 2011, any action of the Board of Trustees shall
7906 not be final until ratified by the Board of Regents for Higher
7907 Education. Until December 31, 2011, there shall be a Board of Trustees
7908 for the Connecticut State University System consisting of eighteen
7909 members, fourteen to be appointed by the Governor, who shall reflect
7910 the state's geographic, racial and ethnic diversity; two of whom shall
7911 be state college or Connecticut State University System alumni; and
7912 four students, one from each state university elected by the students
7913 enrolled at such state university. On or before July 1, 1983, the

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7914 Governor shall appoint members to the board as follows: Five
7915 members, one of whom shall be a state college or Connecticut State
7916 University System alumnus, for a term of two years from said date;
7917 five members, one of whom shall be a state college or Connecticut
7918 State University System alumnus, for a term of four years from said
7919 date, and four members for a term of six years from said date.
7920 Thereafter the Governor shall appoint members of said board to
7921 succeed those appointees whose terms expire, such members to serve
7922 for terms of six years each from July first in the year of their
7923 appointment, provided two of the members appointed for terms
7924 commencing July 1, 1995, and their successors shall be state college or
7925 Connecticut State University System alumni, one of the members
7926 appointed for a term commencing July 1, 1997, and his or her
7927 successors shall be such alumni and two of the members appointed for
7928 terms commencing July 1, 1999, and their successors shall be such
7929 alumni. On and after July 1, 1999, the board shall at all times include at
7930 least one member from each county in which a state university is
7931 located. (1) On or before November 1, 1975, the students enrolled at the
7932 institutions under the jurisdiction of the board shall, in such manner as
7933 the board determines, elect two members of the board, each of whom
7934 shall be enrolled as a full-time student at an institution under the
7935 jurisdiction of the board at the time of his or her election. One such
7936 member shall be elected for a term of one year from November 1, 1975,
7937 and one for a term of two years from said date. On or before
7938 November 1, 1976, until July 1, 1997, such students shall, in such
7939 manner as the board determines, elect one member of the board, who
7940 shall be so enrolled at any such institution at the time of his or her
7941 election and who shall serve for a term of two years from November
7942 first in the year of his or her election, except that the term of the
7943 member due to expire on October 31, 1998, shall expire on October 31,
7944 1997. (2) On and after July 1, 1997, until June 30, 2007, the student
7945 members of the board shall be elected as follows: (A) (i) On or before
7946 November 1, 1997, the students enrolled at Central Connecticut State
7947 University shall, in such manner as the board determines, elect one

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Bill No. 6651
7948 member of the board who shall be a full-time student at such state
7949 university at the time of his or her election and who shall serve for a
7950 term of one year from said November first, and (ii) on or before
7951 November 1, 1998, and biennially thereafter, the students enrolled at
7952 Central Connecticut State University shall, in such manner as the
7953 board determines, elect one member of the board who shall be a full-
7954 time student at such state university at the time of his or her election
7955 and who shall serve for a term of two years from November first in the
7956 year of his or her election; (B) (i) on or before November 1, 1997, the
7957 students enrolled at Eastern Connecticut State University shall, in such
7958 manner as the board determines, elect one member of the board who
7959 shall be a full-time student at such state university at the time of his or
7960 her election and who shall serve for a term of one year from said
7961 November first, and (ii) on or before November 1, 1998, and biennially
7962 thereafter, the students enrolled at Eastern Connecticut State
7963 University shall, in such manner as the board determines, elect one
7964 member of the board who shall be a full-time student at the time of his
7965 or her election and who shall serve for a term of two years from the
7966 November first in the year of his or her election; (C) on or before
7967 November 1, 1997, and biennially thereafter, the students enrolled at
7968 Southern Connecticut State University shall, in such manner as the
7969 board determines, elect one member of the board who shall be a full-
7970 time student at such university at the time of his or her election and
7971 who shall serve for a term of two years from the November first in the
7972 year of his or her election; and (D) on or before November 1, 1997, and
7973 biennially thereafter, the students at Western Connecticut State
7974 University shall, in such manner as the board determines, elect one
7975 member of the board who shall be a full-time student at such state
7976 university at the time of his or her election and who shall serve for a
7977 term of two years from the November first in the year of his or her
7978 election. Notwithstanding the provisions of this subsection, the term of
7979 any student member elected pursuant to this subdivision during
7980 calendar year 2005 or 2006, shall terminate June thirtieth of the year in
7981 which such term is due to expire. (3) On and after July 1, 2007, the

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7982 student members of the board shall be elected as follows: (A) On or
7983 before July 1, 2008, and biennially thereafter, the students enrolled at
7984 Central Connecticut State University shall, in such manner as the
7985 board determines, elect one member of the board who shall be a full-
7986 time student at said state university at the time of his or her election
7987 and who shall serve for a term of two years from July first in the year
7988 of his or her election; (B) on or before July 1, 2008, and biennially
7989 thereafter, the students enrolled at Eastern Connecticut State
7990 University shall, in such manner as the board determines, elect one
7991 member of the board who shall be a full-time student at said state
7992 university at the time of his or her election and who shall serve for a
7993 term of two years from the July first in the year of his or her election;
7994 (C) on or before July 1, 2007, and biennially thereafter, the students
7995 enrolled at Southern Connecticut State University shall, in such
7996 manner as the board determines, elect one member of the board who
7997 shall be a full-time student at said state university at the time of his or
7998 her election and who shall serve for a term of two years from the July
7999 first in the year of his or her election; and (D) on or before July 1, 2007,
8000 and biennially thereafter, the students at Western Connecticut State
8001 University shall, in such manner as the board determines, elect one
8002 member of the board who shall be a full-time student at said state
8003 university at the time of his or her election and who shall serve for a
8004 term of two years from the July first in the year of his or her election. If
8005 any student member of the board elected on or after November 1, 2001,
8006 ceases to be a matriculating student in good standing, either as a full-
8007 time undergraduate student or as a full-time or part-time graduate
8008 student, at the state university from which such student member was
8009 elected, the membership of such student shall terminate. If, on and
8010 after July 1, 2007, the membership of any such student member
8011 terminates, the students enrolled at the state university such student
8012 member represented shall, not later than thirty days after the
8013 membership terminates and in such manner as the board determines,
8014 elect a student member of the board who shall serve for the remainder
8015 of the term. The Governor shall, pursuant to section 4-9a, as amended

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Bill No. 6651
8016 by this act, appoint the chairperson of the board. The board shall,
8017 biennially, elect from its members such other officers as it deems
8018 necessary. The Governor shall fill any vacancy in the appointed
8019 membership of the board by appointment for the balance of the
8020 unexpired term. Any vacancies in the elected membership of said
8021 board shall be filled by special election for the balance of the unexpired
8022 term. The members of said board shall receive no compensation for
8023 their services as such but shall be reimbursed for their necessary
8024 expenses in the course of their duties.

8025 Sec. 221. Subsection (a) of section 10a-89 of the general statutes is
8026 repealed and the following is substituted in lieu thereof (Effective July
8027 1, 2011):

8028 (a) Subject to state-wide policy and guidelines established by the


8029 Board of [Governors of] Regents for Higher Education, the board of
8030 trustees shall provide for the administration of the Connecticut State
8031 University System, plan for the expansion and development of the
8032 institutions within its jurisdiction, and submit such plans [to the Board
8033 of Governors of Higher Education and] to the Commissioner of Public
8034 Works for review and recommendations. The Commissioner of Public
8035 Works upon request of the board of trustees shall, in accordance with
8036 section 4b-30, negotiate and execute leases on such physical facilities as
8037 the board of trustees may deem necessary for proper operation of such
8038 institutions, and the board of trustees may, with the permission of the
8039 Commissioner of Public Works and the State Properties Review Board,
8040 expend capital funds therefor if such leasing is required during the
8041 planning and construction phases of institutions within its jurisdiction
8042 for which such capital funds were authorized. Subject to such policies
8043 as may be established by the board of trustees, the chief executive
8044 officer of each institution within the jurisdiction of the board may
8045 make buildings and other facilities under its control available to
8046 nonprofit and other organizations or to individuals for temporary uses
8047 not inconsistent with the educational purpose of the institution. The
8048 board of trustees may appoint or remove the chief executive officer of

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8049 each institution within its jurisdiction, and with respect to its own
8050 operation the board of trustees may appoint and remove [a chancellor
8051 and] executive staff. [The board of trustees may determine the size of
8052 the executive staff and the duties, terms and conditions of employment
8053 of the chancellor and staff, subject to personnel guidelines established
8054 by the Board of Governors of Higher Education in consultation with
8055 said board of trustees.] The board of trustees may employ faculty and
8056 other personnel needed to maintain and operate the institutions within
8057 its jurisdiction. Within the limitation of appropriations, the board of
8058 trustees shall fix the compensation of such personnel, establish terms
8059 and conditions of employment and prescribe their duties and
8060 qualifications. The board of trustees shall determine who constitutes its
8061 professional staff and establish compensation and classification
8062 schedules for its professional staff. The board of trustees shall annually
8063 submit to the Commissioner of Administrative Services a list of the
8064 positions which it has included within the professional staff. The board
8065 of trustees may appoint one or more physicians for the Connecticut
8066 State University System and shall provide such physicians with
8067 suitable facilities for the performance of such duties as it prescribes.
8068 Subject to state-wide policy and guidelines established by the Board of
8069 [Governors of] Regents for Higher Education, the board of trustees
8070 shall: (1) Make rules for the government of the Connecticut State
8071 University System and shall determine the general policies of the
8072 university system, including those concerning the admission of
8073 students and the expenditure of the funds of institutions under its
8074 jurisdiction within the amounts available; (2) develop the mission
8075 statement for the university system which shall include, but not be
8076 limited to the following elements: (A) The educational needs of and
8077 constituencies served by the institutions within its jurisdiction; (B) the
8078 degrees offered by such institutions; and (C) the role and scope of each
8079 institution within the university system, which shall include each
8080 institution's particular strengths and specialties; [. The board of
8081 trustees shall submit the mission statement to the Board of Governors
8082 of Higher Education for review and approval in accordance with the

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Bill No. 6651
8083 provisions of section 10a-6;] (3) establish policies for the university
8084 system and for the individual institutions under its jurisdiction; (4)
8085 [submit to the Board of Governors of Higher Education, for approval,
8086 recommendations for the establishment of new academic programs; (5)
8087 make appropriate recommendations to the Board of Governors of
8088 Higher Education regarding] make institutional mergers or closures;
8089 [(6)] (5) coordinate the programs and services of the institutions under
8090 its jurisdiction; [(7)] (6) be authorized to enter into agreements,
8091 consistent with the provisions of section 5-141d, to save harmless and
8092 indemnify sponsors of research grants to institutions under its
8093 jurisdiction, provided such an agreement is required to receive the
8094 grant and limits liability to damages or injury resulting from acts or
8095 omissions related to such research by employees of such institutions;
8096 [(8)] (7) promote fund-raising by the institutions under its jurisdiction
8097 in order to assist such institutions [, provided the board shall not
8098 directly engage in fund-raising except for purposes of providing
8099 funding for (A) scholarships or other direct student financial aid; and
8100 (B) programs, services or activities at one or more of the institutions
8101 within its jurisdiction] and report to [the Commissioner of Higher
8102 Education and] the joint standing committee of the General Assembly
8103 having cognizance of matters relating to higher education by January
8104 1, 1994, and biennially thereafter, on all such fund-raising; and [(9)] (8)
8105 charge the direct costs for a building project under its jurisdiction to
8106 the bond fund account for such project, provided (A) such costs are
8107 charged in accordance with a procedure approved by the Treasurer;
8108 and (B) nothing in this subdivision shall permit the charging of
8109 working capital, as defined in the applicable provisions of the Internal
8110 Revenue Code of 1986, or any subsequent corresponding internal
8111 revenue code of the United States, as from time to time amended, or
8112 costs originally paid from sources other than the bond fund account.

8113 Sec. 222. Subsection (c) of section 10a-99 of the general statutes is
8114 repealed and the following is substituted in lieu thereof (Effective July
8115 1, 2011):

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Bill No. 6651
8116 (c) Commencing December 1, 1984, and thereafter not later than
8117 sixty days after the close of each quarter, the board of trustees shall
8118 submit to the joint standing committee of the General Assembly
8119 having cognizance of matters relating to appropriations and the
8120 budgets of state agencies and the Office of Policy and Management [,
8121 through the Board of Governors of Higher Education,] a report on the
8122 actual expenditures of the Connecticut State University System
8123 Operating Fund. [containing such relevant information as the Board of
8124 Governors of Higher Education may require.]

8125 Sec. 223. Section 10a-102 of the general statutes is repealed and the
8126 following is substituted in lieu thereof (Effective July 1, 2011):

8127 The University of Connecticut shall remain an institution for the


8128 education of youths whose parents are citizens of this state. The
8129 leading object of said university shall be, without excluding scientific
8130 and classical studies, and including military tactics, to teach such
8131 branches of learning as are related to agriculture and the mechanic
8132 arts, in such manner as the General Assembly prescribes, in order to
8133 promote the liberal and practical education of the industrial classes in
8134 accordance with the provisions of an Act of Congress, approved July 2,
8135 1862, entitled "An Act donating public lands to the several states and
8136 territories which may provide colleges for the benefit of agriculture
8137 and the mechanic arts", and also in accordance with an Act of
8138 Congress, approved August 30, 1890, entitled "An Act to apply a
8139 portion of the proceeds of the public lands to the more complete
8140 endowment and support of the colleges for the benefit of agriculture
8141 and the mechanic arts established under the provisions of an Act of
8142 Congress, approved July 2, 1862". The number of students who are to
8143 reside in university dormitories shall be determined by the board of
8144 trustees, preference in enrollment in the university being given to
8145 qualified students taking the full agricultural course. Said university is
8146 authorized to confer the academic and professional degrees
8147 appropriate to the courses prescribed by its board of trustees. The
8148 board shall establish policies which protect academic freedom and the

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Bill No. 6651
8149 content of course and degree programs. [, provided such policies shall
8150 be consistent with state-wide policy and guidelines established by the
8151 Board of Governors of Higher Education.]

8152 Sec. 224. Section 10a-104 of the general statutes is repealed and the
8153 following is substituted in lieu thereof (Effective July 1, 2011):

8154 (a) [Subject to state-wide policy and guidelines established by the


8155 Board of Governors of Higher Education, the] The Board of Trustees of
8156 The University of Connecticut shall: (1) Make rules for the government
8157 of the university and shall determine the general policies of the
8158 university, including those concerning the admission of students and
8159 the establishment of schools, colleges, divisions and departments, and
8160 shall direct the expenditure of the university's funds within the
8161 amounts available; (2) develop the mission statement for The
8162 University of Connecticut, and all branches thereof, which shall
8163 include, but not be limited to, the following elements: (A) The
8164 educational needs of and constituencies served by said university and
8165 branches; (B) the degrees offered by said university; and (C) the role
8166 and scope of each institution and branch within the university system,
8167 which shall include each institution's and branch's particular strengths
8168 and specialties. The board of trustees shall submit the mission
8169 statement to the Board of [Governors of] Regents for Higher Education
8170 for review and approval in accordance with the provisions of section
8171 10a-6; (3) establish policies for the university system and for the
8172 individual institutions and branches under its jurisdiction; (4) submit
8173 to the Board of [Governors of] Regents for Higher Education, for
8174 approval, recommendations for the establishment of new academic
8175 programs; (5) make recommendations to the Board of [Governors of]
8176 Regents for Higher Education, when appropriate, regarding
8177 institutional or branch mergers or closures; (6) coordinate the
8178 programs and services of the institutions and branches under its
8179 jurisdiction; (7) be authorized to enter into agreements, consistent with
8180 the provisions of section 5-141d, to save harmless and indemnify
8181 sponsors of research grants to The University of Connecticut, provided

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8182 such an agreement is required to receive the grant and limits liability
8183 to damages or injury resulting from acts or omissions related to such
8184 research by employees of the university; (8) promote fund-raising to
8185 assist the university and report to the [Commissioner of] executive
8186 director of the Office of Financial and Academic Affairs for Higher
8187 Education and the joint standing committee of the General Assembly
8188 having cognizance of matters relating to education by January 1, 1994,
8189 and biennially thereafter, on such fund-raising; (9) charge the direct
8190 costs for a building project under its jurisdiction to the bond fund
8191 account for such project, provided (A) such costs are charged in
8192 accordance with a procedure approved by the Treasurer and (B)
8193 nothing in this subdivision shall permit the charging of working
8194 capital costs, as defined in the applicable provisions of the Internal
8195 Revenue Code of 1986, or any subsequent corresponding internal
8196 revenue code of the United States, as from time to time amended, or
8197 costs originally paid from sources other than the bond fund account;
8198 (10) exercise the powers delegated to it pursuant to section 10a-109d;
8199 and (11) establish by October 1, 1997, policies governing the acceptance
8200 of gifts made by a foundation established pursuant to sections 4-37e
8201 and 4-37f to the university or its employees for reimbursement of
8202 expenditures or payment of expenditures on behalf of the university or
8203 its employees.

8204 (b) The board of trustees shall: (1) Review and approve institutional
8205 budget requests and prepare and submit to the [Board of Governors of
8206 Higher Education, in accordance with the provisions of section 10a-8,]
8207 Secretary of the Office of Policy and Management the budget request
8208 for the university and all branches thereof; (2) propose facility
8209 planning and capital expenditure budget priorities for the institutions
8210 under its jurisdiction; (3) fulfill requirements concerning the auditing
8211 and review of projects of UCONN 2000 in accordance with sections
8212 10a-109z to 10a-109bb, inclusive; (4) establish the construction
8213 assurance office in accordance with section 10a-109cc; and (5) exercise
8214 the powers delegated to it in section 10a-109d. The board may request
8215 authority from the Treasurer to issue payment for claims against the

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8216 university, other than a payment for payroll, debt service payable on
8217 state bonds to bondholders, paying agents, or trustees, or any payment
8218 the source of which includes the proceeds of a state bond issue.

8219 (c) The board of trustees may create a board of directors for the
8220 governance of The University of Connecticut Health Center and may
8221 delegate such duties and authority as it deems necessary and
8222 appropriate to said board of directors. The board of directors shall
8223 include members of the board of trustees designated by the
8224 chairperson of the board of trustees and such other persons as the
8225 board of trustees deems appropriate.

8226 Sec. 225. Subsection (d) of section 10a-105 of the general statutes is
8227 repealed and the following is substituted in lieu thereof (Effective July
8228 1, 2011):

8229 (d) Commencing December 1, 1981, and thereafter not later than
8230 sixty days after the close of each quarter, the board of trustees shall
8231 submit to the joint standing committee of the General Assembly
8232 having cognizance of matters relating to appropriations and the
8233 budgets of state agencies and the Office of Policy and Management,
8234 through the Board of [Governors of] Regents for Higher Education, a
8235 report on the actual expenditures of The University of Connecticut
8236 Operating Fund and The University of Connecticut Health Center
8237 Operating Fund containing such relevant information as the [Board of
8238 Governors of Higher Education] Office of Policy and Management
8239 may require in the form prescribed by the Board of Regents in
8240 accordance with subsection (a) of section 10a-8, as amended by this act.

8241 Sec. 226. Subdivision (7) of section 10a-109c of the general statutes is
8242 repealed and the following is substituted in lieu thereof (Effective July
8243 1, 2011):

8244 (7) "Endowment fund state grant" means moneys transferred by the
8245 [Department of] Board of Regents for Higher Education from the fund
8246 established pursuant to section 10a-8b for deposit into the endowment

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8247 fund pursuant to subdivision (2) of subsection (b) of section 10a-109i in
8248 an aggregate amount not exceeding the endowment fund state grant
8249 maximum commitment.

8250 Sec. 227. Section 10a-143 of the general statutes is repealed and the
8251 following is substituted in lieu thereof (Effective July 1, 2011):

8252 (a) The Board of [Governors of] Regents for Higher Education in
8253 concert with the state's institutions of higher education, shall study,
8254 develop and coordinate the implementation of new methods of
8255 awarding undergraduate degrees and college credits including but not
8256 limited to: (1) External degrees awarded on the basis of acceptable
8257 performance in an educational field whether or not the necessary
8258 education was obtained by the candidate at an institution of higher
8259 education, and (2) examinations and methods other than classroom
8260 instruction for determining qualifications. On or before July 1, 1993,
8261 each constituent unit of the state system of higher education shall
8262 establish procedures to award college credits pursuant to this
8263 subsection and subsection (e) of this section.

8264 (b) The Board of [Governors of] Regents for Higher Education shall
8265 promulgate regulations to authorize accredited institutions of higher
8266 education to award degrees by such new procedures.

8267 (c) There shall continue to be a Board for State Academic Awards
8268 which shall be an independent constituent unit of the state system of
8269 higher education with authority to grant undergraduate and graduate
8270 credits and degrees on the basis of (1) examinations, (2) courses offered
8271 by Charter Oak State College, and (3) other forms of evaluation and
8272 validation of learning including transfer of credit. Said board is
8273 authorized to use the term "Charter Oak State College" on diplomas
8274 and other documents and utterances to affirm the status of the board
8275 as a degree-granting institution of higher education. It shall be the
8276 responsibility of the board to serve the interest of all Connecticut
8277 residents by providing open access to academic credentials which are
8278 based on a consensus of professional judgment. The purpose of such

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8279 credentials shall be to identify and give recognition to higher learning
8280 acquired by individuals through independent study, work experience
8281 and programs of noncollegiate educational activity.

8282 (d) [The] Beginning on January 1, 2012, the Board of Regents for
8283 Higher Education shall serve as the Board for State Academic Awards.
8284 The members of the Board for State Academic Awards in office on
8285 June 30, 2011, shall remain in office to provide assistance in
8286 transitioning duties and responsibilities to the Board of Regents for
8287 Higher Education during the period of July 1, 2011, to December 31,
8288 2011. For the transition period of July 1, 2011, to December 31, 2011,
8289 any action of the Board for State Academic Awards shall not be final
8290 until ratified by the Board of Regents for Higher Education. Until
8291 December 31, 2011, the Board for State Academic awards shall consist
8292 of nine persons, eight to be appointed by the Governor, who shall
8293 reflect the state's geographic, racial and ethnic diversity; one of whom
8294 shall be an alumnus of Charter Oak State College; and one to be
8295 elected by the students enrolled in Charter Oak State College. On or
8296 before July 1, 1983, the Governor shall appoint two members of the
8297 board for a term of two years from said date, two members for a term
8298 of four years from said date and one member for a term of six years
8299 from said date. On or before July 1, 1984, the Governor shall appoint
8300 one member for a term of three years from said date. On or before July
8301 1, 1996, the Governor shall appoint two members, one for a term of
8302 five years from said date and one for a term of one year from said date.
8303 Thereafter the Governor shall appoint members of said board to
8304 succeed those appointees whose terms expire, such members to serve
8305 for terms of six years each from July first in the year of their
8306 appointment. On or before November 1, 1984, and biennially
8307 thereafter, the students enrolled with the board shall, in such manner
8308 as the board shall determine, elect one member of the board, who shall
8309 serve for a term of two years from November first in the year of his
8310 election. No member of said board, appointed by the Governor, shall
8311 be an employee of an institution of postsecondary or higher education.
8312 No member who has served consecutively for two full terms or

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8313 portions thereof may again be appointed until two years have passed.
8314 The Governor shall, pursuant to section 4-9a, as amended by this act,
8315 appoint the chairperson of the board. The board shall, annually, elect
8316 from its members such other officers as it deems necessary. The
8317 Governor shall fill any vacancies in the membership of said board by
8318 appointment for the balance of the unexpired term. The members of
8319 said board shall receive no compensation for their services as such but
8320 shall be reimbursed for their necessary expenses in the course of their
8321 duties. The board shall meet at least once during each calendar quarter
8322 and at such other times as the chairperson deems necessary or upon
8323 the request of a majority of members in office. Any member who fails
8324 to attend three consecutive meetings or who fails to attend fifty per
8325 cent of all meetings held during any calendar year shall be deemed to
8326 have resigned from office.

8327 (e) (1) The Board for State Academic Awards shall develop and
8328 implement programs to improve opportunities in higher education
8329 through alternative modes of service, including, but not limited to,
8330 guidance and information services, registration and validation
8331 services, examination and degree-granting services, technological
8332 delivery systems, and projects of research and development. With
8333 respect to its own operation the board may appoint and remove an
8334 executive director, who shall be the chief academic and administrative
8335 officer, and a professional academic staff. The board may appoint and
8336 remove executive staff responsible for the operation of the Board for
8337 State Academic Awards. The board may determine the size of the
8338 academic staff and the duties, terms, and conditions of employment of
8339 said director and staff. [subject to personnel guidelines established by
8340 the Board of Governors of Higher Education in consultation with the
8341 Board for State Academic Awards.] The board shall establish through
8342 appointments on an adjunct basis a faculty of consulting examiners to
8343 make recommendations as to requirements and standards of the
8344 board's programs and to make recommendations for the award of
8345 academic undergraduate and graduate credits and degrees. Persons
8346 serving as members of the faculty of consulting examiners shall have

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8347 appropriate professional qualifications as determined by the board and
8348 may hold professional appointments in active status at accredited
8349 institutions of postsecondary or higher learning. Within the limit of
8350 appropriations, the board shall fix the compensation of persons
8351 serving with adjunct appointment as members of the faculty of
8352 consulting examiners. The board shall confer such undergraduate and
8353 graduate certificates and degrees as are appropriate to programs of
8354 postsecondary and higher learning and in accordance with the
8355 recommendations of the board's faculty of consulting examiners on the
8356 basis of (A) examinations, (B) courses offered by Charter Oak State
8357 College, and (C) other forms of validation and evaluation of learning,
8358 including transfer of credit. The board shall assist public institutions of
8359 higher education in establishing and implementing procedures to
8360 award college credits pursuant to subsection (a) of this section.

8361 (2) The Board for State Academic Awards shall develop a mission
8362 statement which shall include, but not be limited to, the following
8363 elements: (A) The educational needs of, and constituencies served by
8364 the board; (B) the degrees offered by the board; and (C) the role and
8365 scope of the programs offered by the board. [The board shall submit
8366 the mission statement to the Board of Governors of Higher Education
8367 for review and approval in accordance with the provisions of section
8368 10a-6.]

8369 [(f) The Advisory Council for Higher Education established in


8370 accordance with subdivision (13) of subsection (a) of section 10a-6 shall
8371 be the advisory council for the board.]

8372 [(g)] (f) The board shall fix fees for examinations and for such other
8373 purposes as the board deems necessary and may make refunds and
8374 other disposition of same as provided by law or regulation. The board
8375 may make contracts, leases or other agreements in connection with its
8376 responsibilities.

8377 [(h)] (g) The Board for State Academic Awards shall establish and
8378 administer a fund to be known as the Board for State Academic

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8379 Awards Operating Fund, which shall be a separate account within the
8380 General Fund. The operating fund shall be used for the expenses of the
8381 board, including personnel expenses and equipment, and for the
8382 support of board activities pursuant to this section, including
8383 validation and evaluation of learning, guidance and public
8384 information services, projects of research and development for the
8385 improvement of learning materials and the technology of delivery
8386 systems, and for the purchase of such services, materials and
8387 equipment as are required for use in connection with said activities.
8388 Appropriations from general revenues of the state, all fees and
8389 proceeds of the board's activities, including grants and donations, not
8390 required by statute or regulation to be deposited to the credit of the
8391 General Fund, shall be credited to and become a part of the resources
8392 of said operating fund. Any balance of receipts above expenditures
8393 shall remain in said operating fund.

8394 [(i)] (h) The Board for State Academic Awards shall promote fund-
8395 raising to assist its programs pursuant to this section and shall report
8396 to the [Commissioner of Higher Education and the] joint standing
8397 committee of the General Assembly having cognizance of matters
8398 relating to higher education by January 1, 1994, and biennially
8399 thereafter, on such fund-raising.

8400 Sec. 228. Subsection (a) of section 10a-6a of the general statutes is
8401 repealed and the following is substituted in lieu thereof (Effective July
8402 1, 2011):

8403 (a) There is established a Higher Education Coordinating Council


8404 composed of: The [chairmen of the boards of trustees and the] chief
8405 executive officers of each constituent unit of the state system of higher
8406 education, the Secretary of the Office of Policy and Management, [and]
8407 the [Commissioners of Higher Education and] Commissioner of
8408 Education and the president of the Board of Regents for Higher
8409 Education. The Secretary of the Office of Policy and Management shall
8410 call an annual meeting of the council.

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8411 Sec. 229. Section 10a-6b of the general statutes is repealed and the
8412 following is substituted in lieu thereof (Effective July 1, 2011):

8413 (a) The accountability measures developed by the Higher Education


8414 Coordinating Council pursuant to subsection (b) of section 10a-6a shall
8415 be used by the [Department of] Board of Regents for Higher Education
8416 and each constituent unit of the state system of higher education in
8417 assessing [the constituent unit's] each public institution of higher
8418 education's progress toward meeting the following goals to: (1)
8419 Enhance student learning and promote academic excellence; (2) join
8420 with elementary and secondary schools to improve teaching and
8421 learning at all levels; (3) ensure access to and affordability of higher
8422 education; (4) promote the economic development of the state to help
8423 business and industry sustain strong economic growth; (5) respond to
8424 the needs and problems of society; and (6) ensure the efficient use of
8425 resources. The council shall develop an implementation plan for use of
8426 the accountability measures.

8427 (b) In developing the measures pursuant to subsection (a) of this


8428 section, the council shall consider graduation rates, student retention
8429 rates, completions, tuition and fees, allocation of resources across
8430 expenditure functions, as defined by the National Association of
8431 College and University Business Officers, revenues and expenditures
8432 broken out by programs, student financial need and available aid,
8433 transfer patterns of students transferring in and out of the constituent
8434 units, trends in enrollment and the percentage of incoming students
8435 who are state residents, strategic plans pursuant to section 10a-11, as
8436 amended by this act, data on graduates by academic program, faculty
8437 productivity, and any other factor that it deems relevant. [In
8438 considering faculty productivity measures, the council shall consult
8439 with the committee established under section 10a-3.] All measures
8440 shall be made available for inspection and separated out by constituent
8441 unit, institution of higher education, campus and program.

8442 (c) The council shall work with the Labor Department to (1) produce

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8443 periodic reports on the employment and earnings of students who
8444 leave the constituent units upon graduation or otherwise, and (2)
8445 develop an annual affordability index for public higher education that
8446 is based on state-wide median family income.

8447 [(c)] (d) The council shall submit the accountability measures to the
8448 Board of [Governors of] Regents for Higher Education for the board's
8449 review and approval. Once the measures are approved, each
8450 constituent unit shall provide the data to the [department] board that
8451 is necessary for purposes of applying the measures.

8452 [(d) The Commissioner of Higher Education, on behalf of the


8453 council, shall report, in accordance with section 11-4a, to the joint
8454 standing committee of the General Assembly having cognizance of
8455 matters relating to education on the accountability measures and the
8456 implementation plan developed pursuant to this section by February 1,
8457 2000. The report shall include recommendations: (1) For any statutory
8458 changes needed for purposes of assessing the constituent units and
8459 public institutions of higher education based on the accountability
8460 measures; (2) to clarify and streamline planning and accountability
8461 reporting requirements of the constituent units and public institutions
8462 of higher education; (3) concerning goals, actions to achieve such goals
8463 and analysis of performance; and (4) for options to revise budgeting
8464 policies and programs to meet accountability goals and measures as
8465 outlined in subsections (a) and (b) of this section.

8466 (e) The Commissioner of Higher Education shall develop, in


8467 concurrence with the Higher Education Coordinating Council, an
8468 accountability report prototype. Upon review and approval by the
8469 Board of Governors of Higher Education, the commissioner shall
8470 submit the report prototype to the joint standing committee of the
8471 General Assembly having cognizance of matters relating to education
8472 by October 1, 2000. The report prototype shall include accountability
8473 measures developed and approved under this section for which data
8474 collection mechanisms exist as determined by the commissioner.

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8475 (f) Each constituent unit of the state system of higher education shall
8476 submit to the Commissioner of Higher Education its first
8477 accountability report by January 1, 2001. The commissioner shall
8478 compile and consolidate the reports. The commissioner shall submit, in
8479 accordance with section 11-4a, an accountability report that covers the
8480 state system of higher education and each constituent unit and public
8481 institution of higher education to the joint standing committee of the
8482 General Assembly having cognizance of matters relating to education
8483 by February 1, 2001. The report shall include baseline data for the
8484 accountability measures developed under this section for which data
8485 collection mechanisms exist and comparable peer data, as determined
8486 by the commissioner after consultation with the Higher Education
8487 Coordinating Council and reviewed and approved by the Board of
8488 Governors of Higher Education. The report shall also include a
8489 timeline for the collection of data and reporting of the remaining
8490 accountability measures and for the identification of performance
8491 improvement targets.]

8492 [(g)] (e) Each [constituent unit] public institution of higher


8493 education of the state system of higher education shall submit an
8494 accountability report to the [Commissioner of] president of the Board
8495 of Regents for Higher Education annually, by [January] November
8496 first. The [commissioner] president shall compile the reports and shall
8497 submit, in accordance with section 11-4a, a consolidated accountability
8498 report for the state system of higher education to the joint standing
8499 committee of the General Assembly having cognizance of matters
8500 relating to higher education annually, by [February] December first.
8501 The report shall contain accountability measures for each constituent
8502 unit and public institution of higher education pursuant to subsections
8503 (a) and (b) of this section. The report shall include updated baseline
8504 and peer comparison data, performance improvement targets for each
8505 measure, and other information as determined by the commissioner.

8506 Sec. 230. (NEW) (Effective July 1, 2011) The Board of Regents for
8507 Higher Education shall develop and implement, not later than

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8508 December 1, 2011, a plan for maintaining the distinct missions of the
8509 Connecticut State University System, the regional community-
8510 technical college system and the Charter Oak State College and report
8511 on such plan to the joint standing committees of the General Assembly
8512 having cognizance of matters relating to higher education and
8513 appropriations in accordance with the provisions of section 11-4a of
8514 the general statutes not later than January 1, 2012, and annually
8515 thereafter.

8516 Sec. 231. (NEW) (Effective July 1, 2011) (a) There is established a
8517 Higher Education Consolidation Committee which shall be convened
8518 by the chairpersons of the joint standing committee of the General
8519 Assembly having cognizance of matters relating to higher education or
8520 such chairpersons' designee, who shall be members of such joint
8521 standing committee. The membership of the Higher Education
8522 Consolidation Committee shall consist of the higher education
8523 subcommittee on appropriations and the chairpersons, vice
8524 chairpersons and ranking members of the joint standing committees of
8525 the General Assembly having cognizance of matters relating to higher
8526 education and appropriations. The Higher Education Consolidation
8527 Committee shall establish a meeting and public hearing schedule for
8528 purposes of receiving updates from the Board of Regents for Higher
8529 Education on the progress of the consolidation of the state system of
8530 higher education pursuant to sections 211 to 277, inclusive, of this act.
8531 The Higher Education Consolidation Committee shall convene its first
8532 meeting on or before September 15, 2011, and meet not less than once
8533 every two months until September 15, 2012.

8534 (b) The Office of Financial and Academic Affairs for Higher
8535 Education shall enter into a memorandum of understanding with the
8536 Office of Legislative Management providing that up to one hundred
8537 thousand dollars appropriated to said office shall be used by the
8538 Higher Education Consolidation Committee to hire a consultant to
8539 assist said committee in fulfilling its duties.

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8540 Sec. 232. Section 10a-22a of the general statutes is repealed and the
8541 following is substituted in lieu thereof (Effective July 1, 2011):

8542 As used in sections 10a-22a to 10a-22o, inclusive, as amended by


8543 this act:

8544 (1) "Private occupational school" means a person, board, association,


8545 partnership, corporation, limited liability company or other entity
8546 offering instruction in any form or manner in any trade, industrial,
8547 commercial, service, professional or other occupation for any
8548 remuneration, consideration, reward or promise of whatever nature,
8549 except "private occupational school" shall not include (A) instruction
8550 offered under public supervision and control; (B) instruction
8551 conducted by a firm or organization solely for the training of its own
8552 employees or members; or (C) instruction offered by a school
8553 authorized by the General Assembly to confer degrees;

8554 (2) "Additional classroom site" means a facility that (A) is


8555 geographically located close to the school or branch that oversees the
8556 site, such that students must utilize services provided at such school or
8557 branch, (B) conducts permanent or temporary educational activities,
8558 and (C) offers courses or full programs of study;

8559 (3) ["Board of Governors" means the Board of Governors of Higher


8560 Education] "Board" means the State Board of Education;

8561 (4) "Branch" means a subdivision of a school (A) located at a


8562 different facility and geographical site from the school, except for a site
8563 that is an additional classroom site as determined by the
8564 [commissioner] executive director, or the [commissioner's] executive
8565 director's designee, and (B) that (i) offers one or more complete
8566 programs leading to a diploma or certificate; (ii) operates under the
8567 school's certificate of operation; (iii) meets the same conditions of
8568 authorization as the school; and (iv) exercises administrative control
8569 and is responsible for its own academic affairs; and

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8570 (5) ["Commissioner" means the Commissioner of Higher Education]
8571 "Executive director" means the executive director of the Office of
8572 Financial and Academic Affairs for Higher Education.

8573 Sec. 233. Subsection (f) of section 10a-22b of the general statutes is
8574 repealed and the following is substituted in lieu thereof (Effective July
8575 1, 2011):

8576 (f) For purposes of an evaluation of an applicant school, the


8577 [commissioner] executive director, or the [commissioner's] executive
8578 director's designee, shall appoint an evaluation team which shall
8579 include (1) at least two members representing the [Board of Governors]
8580 institutions of public higher education, and (2) at least one member for
8581 each of the areas of occupational instruction for which authorization is
8582 sought who shall be experienced in such occupation. The applicant
8583 school shall have the right to challenge any proposed member of the
8584 evaluation team for good cause shown. A written challenge shall be
8585 filed with the [commissioner] executive director within ten business
8586 days following the appointment of such evaluation team. In the event
8587 of a challenge, a decision shall be made thereon by the [Commissioner
8588 of Higher Education] executive director within ten business days from
8589 the date such challenge is filed, and if the challenge is upheld the
8590 [Commissioner of Higher Education] executive director shall appoint a
8591 replacement. Employees of the state or any political subdivision of the
8592 state may be members of evaluation teams. The [commissioner]
8593 executive director, or the [commissioner's] executive director's
8594 designee, shall not appoint any person to an evaluation team unless
8595 the [commissioner] executive director, or such designee, has received
8596 from such person a statement that the person has no interest which is
8597 in conflict with the proper discharge of the duties of evaluation team
8598 members as described in this section. The statement shall be on a form
8599 prescribed by the [commissioner] executive director and shall be
8600 signed under penalty of false statement. Members of the evaluation
8601 team shall serve without compensation. Except for any member of the
8602 evaluation team who is a state employee, members shall be reimbursed

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8603 for actual expenses, which expenses shall be charged to and paid by
8604 the applicant school.

8605 Sec. 234. Subsection (h) of section 10a-22b of the general statutes is
8606 repealed and the following is substituted in lieu thereof (Effective July
8607 1, 2011):

8608 (h) Any hospital offering instruction in any form or manner in any
8609 trade, industrial, commercial, service, professional or other occupation
8610 for any remuneration, consideration, reward or promise, except to
8611 hospital employees, members of the medical staff and training for
8612 contracted workers, shall obtain a certificate of authorization from the
8613 [Commissioner of Higher Education] executive director for the
8614 occupational instruction offered. Each hospital-based occupational
8615 school submitting an application for initial authorization shall pay an
8616 application fee of two hundred dollars made payable to the private
8617 occupational school student protection account. The [commissioner]
8618 executive director shall develop a process for prioritizing the
8619 authorization of hospital-based occupational schools based on size and
8620 scope of occupational instruction offered. Such schools shall be in
8621 compliance with this section when required pursuant to the
8622 [commissioner's] executive director's process, or by 2012, whichever is
8623 earlier.

8624 Sec. 235. Subsections (c) and (d) of section 10a-22d of the general
8625 statutes are repealed and the following is substituted in lieu thereof
8626 (Effective July 1, 2011):

8627 (c) Renewal of the certificate of authorization shall be granted only


8628 upon (1) payment of a nonrefundable renewal fee to the [Board of
8629 Governors] Office of Financial and Academic Affairs for Higher
8630 Education in the amount of two hundred dollars for the private
8631 occupational school and two hundred dollars for each branch of a
8632 private occupational school, (2) submission of any reports or audits, as
8633 prescribed by the [commissioner] executive director or the
8634 [commissioner's] executive director's designee, concerning the fiscal

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8635 condition of the school or its continuing eligibility to participate in
8636 federal student financial aid programs, (3) the filing with the
8637 [commissioner] executive director of a complete application for a
8638 renewed certificate of authorization not less than one hundred twenty
8639 days prior to the termination date of the most recent certificate of
8640 authorization, and (4) a determination that the occupational school
8641 meets all the conditions of its recent authorization, and the filing of
8642 documentation with the [commissioner] executive director that the
8643 occupational school has a passing financial ratio score as required by
8644 34 CFR 668, as amended from time to time.

8645 (d) If the [commissioner] executive director, or the [commissioner's]


8646 executive director's designee, determines, at any time during a school's
8647 authorization period, that such school is out of compliance with the
8648 conditions of authorization under sections 10a-22a to 10a-22o,
8649 inclusive, as amended by this act, and any applicable regulations of
8650 Connecticut state agencies, the school may be placed on probation for
8651 a period not to exceed one year. If, after the period of one year of
8652 probationary status, the school remains out of compliance with the
8653 conditions of authorization, the [commissioner] executive director may
8654 revoke such school's certificate of authorization to operate as a private
8655 occupational school pursuant to section 10a-22f. During the school's
8656 period of probation, the school shall post its probationary certificate of
8657 authorization in public view. The [Department of] Office of Financial
8658 and Academic Affairs for Higher Education may publish the school's
8659 probationary certificate of authorization status.

8660 Sec. 236. Subsection (b) of section 10a-22h of the general statutes is
8661 repealed and the following is substituted in lieu thereof (Effective July
8662 1, 2011):

8663 (b) Any person seeking to represent an out-of-state private


8664 occupational school not authorized pursuant to sections 10a-22a to
8665 10a-22o, inclusive, as amended by this act, and sections 10a-22u to 10a-
8666 22w, inclusive, as amended by this act, shall file an application with

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Bill No. 6651
8667 the state [Department of] Office of Financial and Student Affairs for
8668 Higher Education on forms prescribed by the [commissioner]
8669 executive director. Upon issuance of a permit such representative shall
8670 pay a nonrefundable fee of five hundred dollars into the private
8671 occupational student protection account. The permit shall be valid for
8672 a period of one year from date of issuance.

8673 Sec. 237. Section 10a-22k of the general statutes is repealed and the
8674 following is substituted in lieu thereof (Effective July 1, 2011):

8675 The [Board of Governors] board shall adopt regulations in


8676 accordance with the provisions of chapter 54 in order to carry out the
8677 provisions of sections 10a-22a to 10a-22o, inclusive, as amended by this
8678 act, and sections 10a-22u to 10a-22w, inclusive, as amended by this act.

8679 Sec. 238. Subsection (a) of section 10a-22n of the general statutes is
8680 repealed and the following is substituted in lieu thereof (Effective July
8681 1, 2011):

8682 (a) A private occupational school shall maintain, preserve and


8683 protect, in a manner approved by the [Commissioner of Higher
8684 Education] executive director, or the [commissioner's] executive
8685 director's designee, all school records including, but not limited to: (1)
8686 Student or academic transcripts; (2) attendance records or other
8687 indicators of student progress; (3) copies of individual enrollment
8688 agreements or contracts; (4) evidence of tuition payments; and (5) any
8689 other documentation as prescribed by the [commissioner] executive
8690 director.

8691 Sec. 239. Section 10a-22r of the general statutes is repealed and the
8692 following is substituted in lieu thereof (Effective July 1, 2011):

8693 There is established an advisory committee to the [Commissioner of


8694 Higher Education] executive director consisting of seven members
8695 appointed by the [commissioner] executive director, including a
8696 representative of the private occupational schools, a representative

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Bill No. 6651
8697 from the [Department of] Office of Financial and Academic Affairs for
8698 Higher Education and five members chosen from business or industry,
8699 state legislators, private occupational school alumni and the general
8700 public. Three of the members first appointed to the committee shall be
8701 appointed for a term of three years and four of the members first
8702 appointed shall be appointed for a term of two years. Thereafter, all
8703 members shall be appointed for a term of two years. The
8704 [Commissioner of Higher Education] executive director shall
8705 administer the private occupational school student benefit account
8706 with the advice of the advisory committee and may assess the account
8707 for all direct expenses incurred in the implementation of this section.
8708 The account shall be used to award financial aid grants for the benefit
8709 of private occupational school students. The grants shall be paid to the
8710 private occupational school designated by the grant recipient to be
8711 applied against the tuition expenses of such recipient. If the balance of
8712 the student protection account is five per cent or less of the annual net
8713 tuition income of the schools which make payments to the account
8714 pursuant to section 10a-22u, any unallocated funds in the student
8715 benefit account shall be transferred to the student protection account.

8716 Sec. 240. Section 10a-22s of the general statutes is repealed and the
8717 following is substituted in lieu thereof (Effective July 1, 2011):

8718 The [Commissioner of Higher Education] executive director, with


8719 the advice of the advisory committee, shall establish the criteria for
8720 awarding financial aid grants. Applications for grants shall be
8721 submitted on such forms and in such manner as the [commissioner]
8722 executive director, with the advice of the advisory committee, shall
8723 prescribe. The [commissioner] executive director shall establish
8724 policies, with the advice of the advisory committee, for the return of
8725 any portion of a financial aid grant, representing tuition of a student,
8726 which would otherwise be refundable.

8727 Sec. 241. Section 10a-22u of the general statutes is repealed and the
8728 following is substituted in lieu thereof (Effective July 1, 2011):

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Bill No. 6651
8729 (a) There shall be an account to be known as the private
8730 occupational school student protection account within the General
8731 Fund. Each private occupational school authorized in accordance with
8732 the provisions of sections 10a-22a to 10a-22o, inclusive, as amended by
8733 this act, shall pay to the State Treasurer an amount equal to one-half of
8734 one per cent of the tuition received by such school per calendar quarter
8735 exclusive of any refunds paid, except that correspondence and home
8736 study schools authorized in accordance with the provisions of sections
8737 10a-22a to 10a-22o, inclusive, as amended by this act, shall contribute
8738 to said account only for Connecticut residents enrolled in such schools.
8739 Payments shall be made by January thirtieth, April thirtieth, July
8740 thirtieth and October thirtieth in each year for tuition received during
8741 the three months next preceding the month of payment. In addition to
8742 amounts received based on tuition, the account shall also contain any
8743 amount required to be deposited into the account pursuant to sections
8744 10a-22a to 10a-22o, inclusive, as amended by this act. Said account
8745 shall be used for the purposes of section 10a-22v, as amended by this
8746 act. Any interest, income and dividends derived from the investment
8747 of the account shall be credited to the account. All direct expenses for
8748 the maintenance of the account may be charged to the account upon
8749 the order of the State Comptroller. The [Commissioner of Higher
8750 Education] executive director may assess the account (1) for all direct
8751 expenses incurred in the implementation of the purposes of this
8752 section which are in excess of the normal expenditures of the
8753 [Department of] Office of Financial and Academic Affairs for Higher
8754 Education for accounting, auditing and clerical services, and (2) for the
8755 fiscal years ending June 30, 2000, and June 30, 2001, in an amount not
8756 to exceed one hundred seventy thousand dollars in each of such fiscal
8757 years for personnel and administrative expenses for the purposes of
8758 sections 10a-22a to 10a-22o, inclusive, as amended by this act, provided
8759 such amount does not exceed the annual interest accrual, which shall
8760 be transferred to the appropriation of the [Department of] Office of
8761 Financial and Academic Affairs for Higher Education for personal
8762 services and other expenses for positions and responsibilities relating

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Bill No. 6651
8763 to said sections, provided the department has expended all federal
8764 funds that may be available for personnel and administrative expenses
8765 for the purposes of said sections. After disbursements are made
8766 pursuant to subdivisions (1) and (2) of this subsection, if the resources
8767 of the private occupational school student protection account exceed
8768 two million five hundred thousand dollars, no additional school
8769 assessments shall be made.

8770 (b) Payments required pursuant to subsection (a) of this section


8771 shall be a condition of doing business in the state and failure to make
8772 any such payment within thirty days following the date on which it is
8773 due shall result in the loss of authorization under section 10a-22f. Such
8774 authorization shall not be issued or renewed if there exists a failure to
8775 make any such payment in excess of thirty days following the date on
8776 which it is due.

8777 (c) If an audit conducted by the [Department of] Office of Financial


8778 and Academic Affairs for Higher Education determines that a school
8779 has paid into the private occupational school student protection
8780 account an amount less than was required, the school shall pay [said]
8781 such amount plus a penalty of ten per cent of the amount required to
8782 the State Treasurer within thirty days of receipt of notice from the
8783 [commissioner] executive director or his designee of the amount of the
8784 underpayment and penalty.

8785 (d) If an audit conducted by the [Department of] Office of Financial


8786 and Academic Affairs for Higher Education determines that a school
8787 has paid into the private occupational school student protection
8788 account an amount more than was required, subsequent payment or
8789 payments by the school shall be appropriately credited until such
8790 credited payment or payments equal the amount of the overpayment.

8791 Sec. 242. Section 10a-22v of the general statutes is repealed and the
8792 following is substituted in lieu thereof (Effective July 1, 2011):

8793 Any student enrolled in a private occupational school authorized in

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Bill No. 6651
8794 accordance with the provisions of sections 10a-22a to 10a-22o,
8795 inclusive, as amended by this act, who is unable to complete a course
8796 or unit of instruction at such school because of the insolvency or
8797 cessation of operation of the school and who has paid tuition for such
8798 course or unit of instruction, may make application to the
8799 [Commissioner of Higher Education] executive director for a refund of
8800 tuition from the account established pursuant to section 10a-22u, as
8801 amended by this act, to the extent that such account exists or has
8802 reached the level necessary to pay outstanding approved claims,
8803 except that in the case of correspondence and home study schools
8804 authorized in accordance with the provisions of sections 10a-22a to
8805 10a-22o, inclusive, as amended by this act, only Connecticut residents
8806 enrolled in such schools may be eligible for such refund. Upon such
8807 application, the [commissioner] executive director shall determine
8808 whether the applicant is unable to complete a course or unit of
8809 instruction because of the insolvency or cessation of operation of the
8810 school to which tuition has been paid. The [commissioner] executive
8811 director may summon by subpoena any person, records or documents
8812 pertinent to the making of a determination regarding insolvency or
8813 cessation of operation. For the purpose of making any tuition refund
8814 pursuant to this section, a school shall be deemed to have ceased
8815 operation whenever it has failed to complete a course or unit of
8816 instruction for which the student has paid a tuition fee and, as a result,
8817 the school's authorization has been revoked pursuant to section 10a-
8818 22f. If the [commissioner] executive director finds that the applicant is
8819 entitled to a refund of tuition because of the insolvency or cessation of
8820 operation of the school, the [commissioner] executive director shall
8821 determine the amount of an appropriate refund which shall be equal to
8822 or a portion of the tuition paid for the uncompleted course or unit of
8823 instruction. Thereafter the [Commissioner of Higher Education]
8824 executive director shall direct the State Treasurer to pay, per order of
8825 the Comptroller, the refund to the applicant or persons, agencies or
8826 organizations indicated by the applicant who have paid tuition on the
8827 student's behalf. If the student is a minor, payment shall be made to

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Bill No. 6651
8828 the student's parent, parents or legal guardian. In no event shall a
8829 refund be made from the student protection account for any financial
8830 aid provided to or on behalf of any student in accordance with the
8831 provisions of Title IV, Part B of the Higher Education Act of 1965, as
8832 amended from time to time. Each recipient of a tuition refund made in
8833 accordance with the provisions of this section shall assign all rights to
8834 the state of any action against the school or its owner or owners for
8835 tuition amounts reimbursed pursuant to this section. Upon such
8836 assignment, the state may take appropriate action against the school or
8837 its owner or owners in order to reimburse the student protection
8838 account for any expenses or claims that are paid from the account and
8839 to reimburse the state for the reasonable and necessary expenses in
8840 undertaking such action. Any student who falsifies information on an
8841 application for tuition reimbursement shall lose his or her right to any
8842 refund from the account.

8843 Sec. 243. Section 10a-22x of the general statutes is repealed and the
8844 following is substituted in lieu thereof (Effective July 1, 2011):

8845 The State Board of [Governors of Higher] Education shall adopt


8846 such regulations as are necessary to carry out the purposes of this
8847 chapter.

8848 Sec. 244. (NEW) (Effective July 1, 2011) (a) There is established an
8849 Office of Financial and Academic Affairs for Higher Education. Such
8850 office shall be within the Board of Regents for Higher Education for
8851 administrative purposes only. The Office of Financial and Academic
8852 Affairs for Higher Education shall administer the programs set forth in
8853 sections 10-19g, 10-155d, 10a-10a, 10a-11, 10a-11a, 10a-17d, 10a-34 to
8854 10a-34f, inclusive, as amended by this act, 10a-35, as amended by this
8855 act, 10a-36 to 10a-42g, inclusive, 10a-48 to 10a-48a, inclusive, 10a-164a,
8856 10a-166 and 10a-168a to 10a-170, inclusive, of the general statutes, as
8857 amended by this act. The State Board of Education shall be responsible
8858 for approving any action taken pursuant to sections 10a-34 to 10a-34f,
8859 inclusive, of the general statutes, as amended by this act.

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Bill No. 6651
8860 (b) The Governor shall appoint an executive director of the Office of
8861 Financial and Academic Affairs for Higher Education in accordance
8862 with the provision of 4-5 to 4-8, inclusive, of the general statutes. The
8863 executive director shall have the responsibility for implementing the
8864 policies and directives of the office and shall have additional
8865 responsibilities as the board may prescribe.

8866 Sec. 245. Section 10a-34 of the general statutes is repealed and the
8867 following is substituted in lieu thereof (Effective July 1, 2011):

8868 (a) For the purposes of this section, "program of higher learning"
8869 means any course of instruction for which it is stated or implied that
8870 college or university-level credit may be given or may be received by
8871 transfer; "degree" means any letters or words, diploma, certificate or
8872 other symbol or document which signifies satisfactory completion of
8873 the requirements of a program of higher learning; "institution of higher
8874 learning" means any person, school, board, association, limited liability
8875 company or corporation which is licensed or accredited to offer one or
8876 more programs of higher learning leading to one or more degrees;
8877 "license" means the authorization by the State Board of [Governors of
8878 Higher] Education to operate a program or institution of higher
8879 learning for a specified initial period; "accreditation" means the
8880 authorization by said board to continue operating a program or
8881 institution of higher learning for subsequent periods, and in such
8882 periods to confer specified degrees.

8883 (b) The [Board of Governors of Higher Education] Office of


8884 Financial and Academic Affairs shall establish regulations concerning
8885 the requirements for licensure and accreditation, such regulations to
8886 concern administration, finance, faculty, curricula, library, student
8887 admission and graduation, plant and equipment, records, catalogs,
8888 program announcements and any other criteria pertinent thereto, as
8889 well as the periods for which licensure and accreditation may be
8890 granted, and the costs and procedures of evaluations as provided in
8891 subsections (c) and (d) of this section. Said board may establish an

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Bill No. 6651
8892 advisory council for accreditation composed of representatives of
8893 public and private institutions of higher learning and the public at
8894 large to advise the board regarding existing or proposed regulations.

8895 (c) No person, school, board, association or corporation shall confer


8896 any degree unless authorized by act of the General Assembly. No
8897 application for authority to confer any such degree shall be approved
8898 by the General Assembly or any committee thereof, nor shall any such
8899 authority be included in any charter of incorporation until such
8900 application has been evaluated and approved by the State Board of
8901 [Governors of Higher] Education in accordance with regulations
8902 established by [said board] the Office of Financial and Academic
8903 Affairs for Higher Education.

8904 (d) No person, school, board, association or corporation shall


8905 operate a program or institution of higher learning unless it has been
8906 licensed or accredited by the State Board of [Governors of Higher]
8907 Education, nor shall it confer any degree unless it has been accredited
8908 in accordance with this section. The board shall not grant any new
8909 license or accreditation until it has received a report of an evaluation of
8910 such program or institution by competent educators approved by the
8911 board. The [Board of Governors of Higher Education] board shall
8912 accept regional or, where appropriate, national accreditation, in
8913 satisfaction of the requirements of this subsection unless the board
8914 finds cause not to rely upon such accreditation.

8915 (e) No person, school, board, association or corporation shall use in


8916 any way the term "junior college" or "college" or "university" or use
8917 any other name, title, literature, catalogs, pamphlets or descriptive
8918 matter tending to designate that it is an institution of higher learning,
8919 or that it may grant academic or professional degrees, unless the
8920 institution possesses a license from, or has been accredited by, the
8921 board, nor shall offer any program of higher learning without
8922 approval of the State Board of [Governors of Higher] Education.

8923 (f) Accreditation of any program or institution or authority to award

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Bill No. 6651
8924 degrees granted in accordance with law prior to July 1, 1965, shall
8925 continue in effect.

8926 (g) If an existing institution, adversely affected by this section,


8927 applies to the board for licensure or accreditation, said board may
8928 grant licensure on a temporary basis to expire within one year and
8929 renewable from year to year, if, in the judgment of the board,
8930 reasonable progress is being made by such institution toward meeting
8931 the standards required by regulations of the board.

8932 Sec. 246. Section 10a-34a of the general statutes is repealed and the
8933 following is substituted in lieu thereof (Effective July 1, 2011):

8934 (a) The [Commissioner of Higher Education] executive director of


8935 the Office of Financial and Academic Affairs for Higher Education
8936 may assess any person, school, board, association or corporation which
8937 violates any provision of section 10a-34, as amended by this ac, or 10a-
8938 35, as amended by this act, an administrative penalty in an amount not
8939 to exceed five hundred dollars for each day of such violation.

8940 (b) (1) The [Commissioner of Higher Education] executive director


8941 of the Office of Financial and Academic Affairs for Higher Education
8942 shall serve written notice upon the person, school, board, association
8943 or corporation when the assessment of such an administrative penalty
8944 is under consideration. The notice shall set forth the reasons for the
8945 assessment of the penalty.

8946 (2) Not later than forty-five days after the [commissioner or the
8947 commissioner's] executive director or the executive director's designee
8948 mails notice pursuant to subdivision (1) of this subsection to such
8949 person, school, board, association or corporation, the [commissioner or
8950 the commissioner's] executive director or the executive director's
8951 designee shall hold a compliance conference with such person, school,
8952 board, association or corporation.

8953 (c) If, after the compliance conference pursuant to subsection (b) of

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Bill No. 6651
8954 this section, the [commissioner] executive director determines that
8955 imposition of the administrative penalty is appropriate, the
8956 [commissioner] executive director shall issue an order and serve
8957 written notice by certified mail, return receipt requested upon the
8958 person, school, board, association or corporation.

8959 (d) The person, school, board, association or corporation aggrieved


8960 by the order of the [commissioner] executive director imposing an
8961 administrative penalty pursuant to subsection (c) of this section shall,
8962 not later than fifteen days after such order is mailed, request, in
8963 writing, a hearing before the State Board of [Governors of Higher]
8964 Education. Such hearing shall be held in accordance with the
8965 provisions of chapter 54.

8966 Sec. 247. Section 10a-34b of the general statutes is repealed and the
8967 following is substituted in lieu thereof (Effective July 1, 2011):

8968 The [Commissioner of Higher Education] executive director,


8969 through the Attorney General, may seek an order from the superior
8970 court to prevent any violation of sections 10a-34, as amended by this
8971 act, and 10a-35, as amended by this act, through the use of an
8972 injunction in accordance with the provisions of chapter 916.

8973 Sec. 248. Section 10a-34c of the general statutes is repealed and the
8974 following is substituted in lieu thereof (Effective July 1, 2011):

8975 The [Commissioner of Higher Education, or the commissioner's


8976 designee,] executive director of the Office of Financial and Academic
8977 Affairs for Higher Education may conduct an investigation and,
8978 through the Attorney General, maintain an action in the name of the
8979 state against any person, school, board, association or corporation to
8980 restrain or prevent the establishment or operation of an institution that
8981 is not licensed, accredited or authorized to award degrees by the State
8982 Board of [Governors of Higher] Education pursuant to the provisions
8983 of section 10a-34, as amended by this act.

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Bill No. 6651
8984 Sec. 249. Section 10a-34d of the general statutes is repealed and the
8985 following is substituted in lieu thereof (Effective July 1, 2011):

8986 The [Board of Governors of Higher Education or the Commissioner


8987 of Higher Education] Office of Financial and Academic Affairs for
8988 Higher Education, through the Attorney General, may petition the
8989 superior court for the judicial district of Hartford for the enforcement
8990 of any order issued by the board or the [commissioner] executive
8991 director, and for other appropriate relief. The court may issue such
8992 orders as are appropriate to aid in enforcement.

8993 Sec. 250. Section 10a-34e of the general statutes is repealed and the
8994 following is substituted in lieu thereof (Effective July 1, 2011):

8995 The [Commissioner of Higher Education, or the commissioner's


8996 designee,] Office of Financial and Academic Affairs for Higher
8997 Education may conduct any necessary review, inspection or
8998 investigation regarding applications for licensure or accreditation or
8999 possible violations of this section and sections 10a-34 to 10a-34d,
9000 inclusive, as amended by this act, or of any applicable regulations of
9001 Connecticut state agencies. In connection with any investigation, the
9002 [commissioner] executive director or the [commissioner's] executive
9003 director's designee, may administer oaths, issue subpoenas, compel
9004 testimony and order the production of any record or document. If any
9005 person refuses to appear, testify or produce any record or document
9006 when so ordered, the [commissioner] executive director may seek
9007 relief pursuant to section 10a-34d, as amended by this act.

9008 Sec. 251. Section 10a-34f of the general statutes is repealed and the
9009 following is substituted in lieu thereof (Effective July 1, 2011):

9010 The [Board of Governors of Higher Education] Office of Financial


9011 and Academic Affairs for Higher Education shall adopt regulations in
9012 accordance with the provisions of chapter 54 in order to carry out the
9013 provisions of sections 10a-34a to 10a-34e, inclusive, as amended by this
9014 act.

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Bill No. 6651
9015 Sec. 252. Section 10a-35 of the general statutes is repealed and the
9016 following is substituted in lieu thereof (Effective July 1, 2011):

9017 No person, school, board, association or corporation which, prior to


9018 July 1, 1935, was granted authority to confer any standard academic,
9019 professional or graduate degree and which did not, prior to July 1,
9020 1935, exercise such authority shall confer any such degree until it is
9021 determined by the Office of Financial and Academic Affairs for Higher
9022 Education and approved by the State Board of [Governors of Higher]
9023 Education that its organization and equipment are such that it is fully
9024 competent to meet the degree standards set and maintained by similar
9025 institutions. Any degree granted in violation of the provisions of this
9026 section shall be null and void. Any person, school, board, association
9027 or corporation which violates any provision of this section shall be
9028 fined not more than one thousand dollars.

9029 Sec. 253. (NEW) (Effective July 1, 2011) Notwithstanding sections


9030 10a-34 to 10a-35, inclusive, of the general statutes, as amended by this
9031 act, the Board of Regents for Higher Education shall have the
9032 authority, in accordance with the provisions of said sections 10a-34 to
9033 10a-35, inclusive, as amended by this act, over academic degrees
9034 awarded by public institutions of higher education, including the (1)
9035 operation of public institutions of higher education and the programs
9036 offered by such public institutions of higher education, (2) licensure
9037 and accreditation of public institutions of higher education and
9038 programs offered by such public institutions of higher education, (3)
9039 evaluation and approval of applications to confer academic degrees
9040 made by public institutions of higher education, and (4) assessment of
9041 any violation by a public institution of higher education of the
9042 authority of said board as described in subdivisions (1) to (3),
9043 inclusive, of this section and the imposition of a penalty for such
9044 violation.

9045 Sec. 254. Subsection (a) of section 10a-48a of the general statutes is
9046 repealed and the following is substituted in lieu thereof (Effective July

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Bill No. 6651
9047 1, 2011):

9048 (a) There is established within the [Department of Higher


9049 Education] Office of Financial and Academic Affairs for Higher
9050 Education a student community service fellowship program to
9051 develop community service leadership and activities for students at
9052 institutions of higher education in the state. For each fiscal year in
9053 which funds are appropriated the program shall provide a fellowship
9054 or fellowships. Fellowships shall be awarded for one academic year,
9055 except that fellowships to undergraduate students shall be awarded on
9056 a semester basis. Fellowship recipients shall work throughout the state
9057 to develop and coordinate programs in which students provide
9058 community service, train students who are providing or are interested
9059 in providing community service, be responsible for publicizing
9060 opportunities for students to provide community service, work with
9061 faculty and administrators at institutions of higher education in the
9062 state to promote student community service and assist in the
9063 implementation of the provisions of section 10a-48. To be eligible for a
9064 fellowship pursuant to this subsection, an applicant's residence shall
9065 be as defined in section 10a-28.

9066 Sec. 255. Section 10-155d of the general statutes is repealed and the
9067 following is substituted in lieu thereof (Effective July 1, 2011):

9068 (a) The [Board of Governors of] Office of Financial and Academic
9069 Affairs for Higher Education shall encourage and support
9070 experimentation and research in the preparation of teachers for public
9071 elementary and secondary schools. To help fulfill the purposes of this
9072 section, the [Board of Governors of] Office of Financial and Academic
9073 Affairs for Higher Education shall appoint an advisory council
9074 composed of qualified professionals which shall render assistance and
9075 advice to the board. In carrying out its activities pursuant to this
9076 section, the [board] office shall consult with the State Board of
9077 Education and such other agencies as it deems appropriate to assure
9078 coordination of all activities of the state relating to the preparation of

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Bill No. 6651
9079 teachers for public elementary and secondary schools.

9080 (b) The [Department of] Office of Financial and Academic Affairs
9081 for Higher Education, with the approval of the Commissioner of
9082 Education, shall expand, within available appropriations, participation
9083 in its summer alternate route to certification program and its weekend
9084 and evening alternate route to certification program. The [department]
9085 office shall expand the weekend and evening program for participants
9086 seeking certification in a subject shortage area pursuant to section 10-
9087 8b. The [department] office, in collaboration with the Department of
9088 Education, shall develop (1) a regional alternate route to certification
9089 program targeted to the subject shortage areas, and (2) an alternate
9090 route to certification program for former teachers whose certificates
9091 have expired and who are interested in resuming their teaching
9092 careers.

9093 (c) The [Department of] Office of Financial and Academic Affairs for
9094 Higher Education, in consultation with the Department of Education,
9095 shall develop alternate route to certification programs for (1) school
9096 administrators and superintendents, and (2) early childhood education
9097 teachers. The programs shall include mentored apprenticeships and
9098 criteria for admission to the programs.

9099 Sec. 256. Section 10a-10a of the general statutes is repealed and the
9100 following is substituted in lieu thereof (Effective July 1, 2011):

9101 The [Board of Governors of] Office of Financial and Academic


9102 Affairs for Higher Education shall develop, within available
9103 appropriations, an alternate route to certification for persons seeking
9104 certification as bilingual education teachers and teachers of English as
9105 a second language.

9106 Sec. 257. Section 10a-11 of the general statutes is repealed and the
9107 following is substituted in lieu thereof (Effective July 1, 2011):

9108 (a) The [Board of Governors of] Office of Financial and Academic

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Bill No. 6651
9109 Affairs for Higher Education shall, in consultation with the institutions
9110 of the state system of higher education and the constituent unit boards
9111 of trustees, develop a strategic plan, consistent with the affirmative
9112 action plan submitted to the Commission on Human Rights and
9113 Opportunities, to ensure that students, faculty, administrators and
9114 staff at each institution are representative of the racial and ethnic
9115 diversity of the total population of the state. For each institution there
9116 shall be an approved plan which shall include goals, programs and
9117 timetables for achieving those goals, and a procedure to monitor
9118 annually the results of these programs and a procedure to take
9119 corrective action if necessary. The [Board of Governors of] Office of
9120 Financial and Academic Affairs for Higher Education shall also
9121 develop policies to guide affirmative action officers and programs in
9122 all constituent units and at each institution of public higher education.

9123 (b) The [Board of Governors of] Office of Financial and Academic
9124 Affairs for Higher Education shall report annually to the Governor and
9125 General Assembly on the activities undertaken by the [board] office in
9126 accordance with subsection (a) of this section. The report shall include
9127 institutional goals and plans for attaining such goals, as well as
9128 changes in enrollment and employment at the state's institutions of
9129 public higher education. If it is determined that an institution has
9130 failed to achieve the goals set out pursuant to this section, such
9131 institution shall develop a plan of corrective procedures to ensure that
9132 such goals are achieved, subject to the approval of the [Board of
9133 Governors of] Office of Financial and Academic Affairs for Higher
9134 Education. The [Board of Governors of] Office of Financial and
9135 Academic Affairs for Higher Education may establish a minority
9136 advancement program to reward and support efforts by institutions
9137 within the state system of higher education towards meeting the goals
9138 established in the strategic plan developed pursuant to subsection (a)
9139 of this section.

9140 Sec. 258. Section 10a-11a of the general statutes is repealed and the
9141 following is substituted in lieu thereof (Effective July 1, 2011):

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Bill No. 6651
9142 (a) As part of the minority advancement program the [Board of
9143 Governors of] Office of Financial and Academic Affairs for Higher
9144 Education shall establish a Connecticut collegiate awareness and
9145 preparation program to develop linkages with public school systems
9146 targeted by the [board of governors] office for the purpose of
9147 providing motivation and skills development for middle school or
9148 high school underachievers.

9149 (b) Funding for said program shall be on a competitive basis open to
9150 all Connecticut institutions of higher education. The [Department of]
9151 Office of Financial and Academic Affairs for Higher Education shall
9152 issue a request for proposals to all Connecticut higher educational
9153 institutions. A panel shall review applications on the basis of an
9154 evaluation format developed by said [department] office. Payment will
9155 be made under contractual agreements between the [department]
9156 office and the grant recipients.

9157 Sec. 259. Section 10a-17d of the general statutes is repealed and the
9158 following is substituted in lieu thereof (Effective July 1, 2011):

9159 The [Department of] Office of Financial and Academic Affairs for
9160 Higher Education may, within the limits of available appropriations,
9161 federal funds available under the National Service Act and any other
9162 funds available, assist in providing tutors for eligible students. Such
9163 tutors may be members of the National Service Corps, as designated
9164 by the [Department of] Office of Financial and Academic Affairs for
9165 Higher Education, or students at a public or independent institution of
9166 higher education in Connecticut. Any student assigned as a tutor
9167 pursuant to sections 10a-17b to 10a-17d, inclusive, shall receive
9168 academic credit pursuant to section 10a-149b.

9169 Sec. 260. Subsection (e) of section 10a-37 of the general statutes is
9170 repealed and the following is substituted in lieu thereof (Effective July
9171 1, 2011):

9172 (e) ["Board" means the Board of Governors of Higher Education]

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Bill No. 6651
9173 "Office" means the Office of Financial and Academic Awards for
9174 Higher Education;

9175 Sec. 261. Section 10a-38 of the general statutes is repealed and the
9176 following is substituted in lieu thereof (Effective July 1, 2011):

9177 In administering sections 10a-36 to 10a-42a, inclusive, the [Board of


9178 Governors of] Office of Financial and Academic Affairs for Higher
9179 Education shall develop and utilize fiscal procedures designed to
9180 insure accountability of the public funds expended pursuant to said
9181 sections. Such procedures shall include provisions for compliance
9182 audits which may be conducted by the [Department of] Office of
9183 Financial and Academic Affairs for Higher Education of any
9184 independent college or university which participates in the program
9185 established pursuant to sections 10a-36 to 10a-42a, inclusive.
9186 Commencing with the fiscal year ending June 30, 1989, and biennially
9187 thereafter, each such independent institution shall submit the results of
9188 an audit done by an independent certified public accountant for each
9189 year of participation in the program. Independent colleges and
9190 universities determined by the [board of governors] office not to be in
9191 substantial compliance with the provisions of sections 10a-40, 10a-41
9192 and 10a-42g shall be ineligible to receive funds under the program for
9193 the fiscal year next following the fiscal year in which the independent
9194 college or university was determined not to be in substantial
9195 compliance pursuant to this section and for each fiscal year thereafter
9196 until the [board of governors] office determines that the college or
9197 university is in substantial compliance with the provisions of this
9198 section.

9199 Sec. 262. Section 10a-39 of the general statutes is repealed and the
9200 following is substituted in lieu thereof (Effective July 1, 2011):

9201 In administering sections 10a-36 to 10a-42a, inclusive, the [Board of


9202 Governors of] Office of Financial and Academic Affairs for Higher
9203 Education shall annually request an appropriation for this program to
9204 be derived by: (1) Calculating the actual General Fund expenditures

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Bill No. 6651
9205 per full-time equivalent student at The University of Connecticut and
9206 in the Connecticut State University System, by taking the actual
9207 General Fund expenditures at The University of Connecticut and for
9208 the Connecticut State University System for the fiscal year two years
9209 prior to the grant year, as reported for higher education in the annual
9210 report on the state budget prepared by the Office of Fiscal Analysis,
9211 and dividing by the number of full-time equivalent students enrolled
9212 at The University of Connecticut and in the Connecticut State
9213 University System during said year as determined by the [Board of
9214 Governors of Higher Education] office; (2) calculating the number of
9215 full-time equivalent undergraduate Connecticut students enrolled at
9216 Connecticut independent colleges and universities during the fall
9217 semester of said fiscal year; and (3) multiplying the number of full-
9218 time equivalent undergraduate Connecticut students at Connecticut
9219 independent colleges by (A) twelve and three-tenths per cent of the
9220 actual General Fund expenditures per full-time equivalent student at
9221 The University of Connecticut and in the Connecticut State University
9222 System, as calculated in subdivision (1) of this section for
9223 appropriations made for the fiscal year ending June 30, 1988, (B)
9224 seventeen per cent of the actual General Fund expenditures per full-
9225 time equivalent student at The University of Connecticut and for the
9226 Connecticut State University System, as calculated in subdivision (1) of
9227 this section for appropriations made for the fiscal year ending June 30,
9228 1989, and (C) twenty-five per cent of the actual General Fund
9229 expenditures per full-time equivalent student at The University of
9230 Connecticut and in the Connecticut State University System, as
9231 calculated in subdivision (1) of this section for appropriations made for
9232 the fiscal year ending June 30, 2004, and for each fiscal year thereafter.

9233 Sec. 263. Section 10a-40 of the general statutes is repealed and the
9234 following is substituted in lieu thereof (Effective July 1, 2011):

9235 The amount of the annual appropriation to be allocated to each


9236 independent college or university shall be determined by its actual
9237 full-time equivalent enrollment of Connecticut undergraduate students

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Bill No. 6651
9238 during the fall semester of the fiscal year two years prior to the grant
9239 year. The number of eligible undergraduate Connecticut students
9240 under sections 10a-36 to 10a-42a, inclusive, shall be determined by the
9241 [board] office but the awards based upon such computation shall not
9242 exceed the total available appropriation. Each participating college
9243 shall expend all of the moneys received under this program as direct
9244 financial assistance for grants for educational expenses and student
9245 employment to Connecticut undergraduate students. Direct financial
9246 assistance does not include loans to Connecticut students which must
9247 be repaid to the college at some future date. For each fiscal year a
9248 minimum of ten per cent of the total institutional state student
9249 financial aid which exceeds the amount appropriated to each
9250 independent institution for the fiscal year ending June 30, 1987, shall
9251 be used for student financial aid for needy minority students in
9252 accordance with the [board of governors'] office's plan for racial and
9253 ethnic diversity under section 10a-11. For each fiscal year a minimum
9254 of five per cent of the total amount of state student financial aid
9255 appropriated to each institution which exceeds the amount received by
9256 each institution for the fiscal year ending June 30, 1988, shall be used
9257 for on-campus or off-campus community service work-study
9258 placements. Participating independent colleges and universities shall
9259 provide the [Department of] Office of Financial and Academic Affairs
9260 for Higher Education with data and reports necessary to administer
9261 the program and shall maintain, for a period of not less than three
9262 years, records substantiating the reported number of full-time
9263 equivalent Connecticut students and documentation utilized by the
9264 college or university in determining eligibility of the Connecticut
9265 independent college student grant recipients. Such records shall be
9266 subject to audit. Funds not obligated by a college or university shall be
9267 returned by January fifteenth of the fiscal year of the grant to the
9268 [Department of] Office of Financial and Academic Affairs for Higher
9269 Education for reallocation to other institutions participating in this
9270 program. Except as provided in this section any funds so returned by a
9271 college or university shall be redistributed to all other independent

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Bill No. 6651
9272 colleges and universities participating in the program in accordance
9273 with the formula set forth in this section using the most recent
9274 enrollment data available to the [Board of Governors of] Office of
9275 Financial and Academic Affairs for Higher Education. For the fiscal
9276 year ending June 30, 2009, the [Department of] Office of Financial and
9277 Academic Affairs for Higher Education shall total the amount of funds
9278 returned by all independent colleges and universities and (1) if such
9279 total amount is five hundred thousand dollars or less, the [department]
9280 office shall not redistribute the funds, and (2) if such total amount is
9281 greater than five hundred thousand dollars, the [department] office
9282 shall redistribute an amount equal to the difference between such total
9283 amount and five hundred thousand dollars.

9284 Sec. 264. Section 10a-42 of the general statutes is repealed and the
9285 following is substituted in lieu thereof (Effective July 1, 2011):

9286 The [Board of Governors of] Office of Financial and Academic


9287 Affairs for Higher Education shall disburse to each participating
9288 college or university on or about September first of each year funds
9289 made available under this program.

9290 Sec. 265. Section 10a-42g of the general statutes is repealed and the
9291 following is substituted in lieu thereof (Effective July 1, 2011):

9292 Commencing with the fiscal year ending June 30, 1988, and for each
9293 fiscal year thereafter, an independent college or university
9294 participating in the Connecticut independent college student grant
9295 program pursuant to sections 10a-36 to 10a-42a, inclusive, shall
9296 annually submit to the [Board of Governors of] Office of Financial and
9297 Academic Affairs for Higher Education, at such time and in such
9298 manner as the [Commissioner of] executive director of the Office of
9299 Financial and Academic Affairs for Higher Education prescribes, a
9300 report of the total amount of need-based undergraduate student
9301 financial aid for Connecticut students, based on the information
9302 reported by such institution to the United States Department of
9303 Education, which was expended from institutional funds during the

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Bill No. 6651
9304 prior fiscal year. The report shall include an explanation of any
9305 significant variations in the amounts of such aid expended from
9306 institutional funds between the fiscal year two years prior and the
9307 fiscal year one year prior. The [board] office may require an institution
9308 participating in the Connecticut independent college student grant
9309 program to provide need-based undergraduate student financial aid
9310 for Connecticut students from institutional funds, provided the
9311 amount of such required aid not exceed an amount equal to the
9312 percentage at which the annual Connecticut independent college
9313 student grant program appropriation is funded pursuant to section
9314 10a-39 times the Connecticut independent college student grant
9315 program allocation to an institution in that fiscal year.

9316 Sec. 266. Section 10a-163a of the general statutes is repealed and the
9317 following is substituted in lieu thereof (Effective July 1, 2011):

9318 The [Board of Governors of] Office of Financial and Academic


9319 Affairs for Higher Education is authorized to establish and administer
9320 a fund to be known as the Teacher Incentive Loan Program Fund and a
9321 fund to be known as the Academic Scholarship Loan Program Fund.
9322 All teacher incentive or academic scholarship loans and interest
9323 repayments made to the [Board of Governors of] Office of Financial
9324 and Academic Affairs for Higher Education and all unexpended
9325 balances of allocations made pursuant to subdivision (2) of subsection
9326 (c) of section 8 of special act 82-46, as amended by section 3 of public
9327 act 83-556 and section 5 of public act 85-479, shall be added to the
9328 respective funds. The [Board of Governors of] Office of Financial and
9329 Academic Affairs for Higher Education may (1) make expenditures
9330 from these funds to provide for: (A) Administrative and loan servicing
9331 costs; and (B) teacher incentive or academic scholarship loans as
9332 authorized under subsection (m) of section 2 of special act 82-46, as
9333 amended by section 2 of public act 83-556 and section 4 of public act
9334 85-479 and (2) on and after July 1, 1995, transfer moneys, received as
9335 repayment of loans, from these funds to the appropriation to the
9336 [Department of] Office of Financial and Academic Affairs for Higher

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Bill No. 6651
9337 Education for capitol scholarship grants pursuant to section 10a-169.
9338 These funds shall not lapse or revert to the General Fund of the state.

9339 Sec. 267. Section 10a-164a of the general statutes is repealed and the
9340 following is substituted in lieu thereof (Effective July 1, 2011):

9341 (a) The Board of [Governors of] Regents for Higher Education shall
9342 annually request an appropriation to the [Department of] Office of
9343 Financial and Academic Affairs for Higher Education equal to the
9344 amount required, for the fiscal year two years prior, for tuition
9345 waivers, tuition remissions, grants for educational expenses and
9346 student employment under subsection (f) of section 10a-77, subsection
9347 (f) of section 10a-99 and subsection (g) of section 10a-105. The
9348 [department] office shall allocate any such appropriation to The
9349 University of Connecticut, each of the Connecticut state universities
9350 and each of the regional community-technical colleges in accordance
9351 with a formula approved by the Board of [Governors of] Regents for
9352 Higher Education. The formula shall take into account the amount of
9353 federal student aid received by students at each institution. The
9354 amounts allocated shall be used to provide grants for educational
9355 expenses and student employment for residents of the state who
9356 demonstrate substantial financial need and are enrolled as full-time or
9357 part-time matriculated students in a degree-granting program or a
9358 precollege remedial program. For each fiscal year a minimum of ten
9359 per cent of the total amount of state student financial aid appropriated
9360 to each institution which exceeds the amount received by each
9361 institution for the fiscal year ending June 30, 1987, shall be used for
9362 student financial aid for needy minority students in accordance with
9363 the board's strategic plan for racial and ethnic diversity under section
9364 10a-11. For each fiscal year a minimum of five per cent of the total
9365 amount of state student financial aid appropriated to each institution
9366 which exceeds the amount received by each institution for the fiscal
9367 year ending June 30, 1988, shall be used for on-campus or off-campus
9368 community service work-study placements. Individual awards shall
9369 not exceed a student's calculated financial need as determined on the

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Bill No. 6651
9370 basis of a needs analysis system approved by the United States
9371 Department of Education. Financial aid provided to Connecticut
9372 residents under this program shall be designated as a grant from the
9373 Connecticut aid to public college students grant program.

9374 (b) Notwithstanding the provisions of subsection (a) of this section


9375 to the contrary, for the fiscal years ending June 30, 1989, and June 30,
9376 1990, no institution shall have its allocation pursuant to this section
9377 reduced for the subsequent fiscal year solely because the institution
9378 did not use, for on-campus or off-campus community service work-
9379 study placements, a minimum of five per cent of the total amount of
9380 state student financial aid appropriated to the institution which
9381 exceeds the amount received by the institution for the fiscal year
9382 ending June 30, 1988.

9383 (c) The Board of [Governors of] Regents for Higher Education shall
9384 request an appropriation to the [Department of] Office of Financial and
9385 Academic Affairs for Higher Education for each year of the biennium
9386 equal to the amount set aside by Charter Oak State College for fee
9387 waivers in the fiscal year two years prior to the fiscal year in which
9388 such appropriation will apply. Such amount shall not exceed fifteen
9389 per cent of the tuition and fees paid in the previous fiscal year. The
9390 [Department of] Office of Financial and Academic Affairs for Higher
9391 Education shall allocate any such appropriation to Charter Oak State
9392 College to be used to provide grants for educational expenses to
9393 residents of the state who demonstrate substantial financial need and
9394 who are matriculated in a degree program at Charter Oak State
9395 College. Individual awards shall not exceed a student's calculated
9396 financial need as determined by a needs analysis system approved by
9397 the United States Department of Education.

9398 Sec. 268. Section 10a-168a of the general statutes is repealed and the
9399 following is substituted in lieu thereof (Effective July 1, 2011):

9400 (a) There is established a Connecticut minority teacher incentive


9401 program administered by the [Department of] Office of Financial and

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Bill No. 6651
9402 Academic Affairs for Higher Education.

9403 (b) Within available appropriations, the program shall provide


9404 grants to minority students (1) in teacher education programs for their
9405 junior or senior year, or both such years, at any four-year institution of
9406 higher education, (2) completing the requirements of such a teacher
9407 education program as a graduate student, provided such student
9408 received a grant pursuant to this section for one year at the
9409 undergraduate level, or (3) enrolled in the alternate route to
9410 certification program administered through the [Department of] Office
9411 of Financial and Academic Affairs for Higher Education. No student
9412 shall receive a grant under the program for more than two years.
9413 Maximum grants shall not exceed five thousand dollars per year. The
9414 [department] office shall ensure that at least ten per cent of the grant
9415 recipients are minority students who transfer from a Connecticut
9416 regional community-technical college.

9417 (c) A minority student who received grants under subsection (b) of
9418 this section, and who teaches in a Connecticut public school upon
9419 graduation, shall be eligible for reimbursement of federal or state
9420 educational loans up to a maximum of two thousand five hundred
9421 dollars per year for up to four years of teaching service.

9422 (d) Notwithstanding the provisions of subsections (b) and (c) of this
9423 section, the combined dollar value of grants and loan reimbursements
9424 shall not exceed twenty thousand dollars per student.

9425 (e) For the fiscal years ending June 30, 2001, and June 30, 2002, the
9426 [Department of] Office of Financial and Academic Affairs for Higher
9427 Education may use up to two per cent of the funds appropriated for
9428 purposes of this section for program administration, promotion,
9429 recruitment and retention activities that are designed to increase the
9430 number of minority students pursuing teaching careers at Connecticut
9431 institutions of higher education.

9432 Sec. 269. Section 10a-170 of the general statutes is repealed and the

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Bill No. 6651
9433 following is substituted in lieu thereof (Effective July 1, 2011):

9434 The [Board of Governors of] Office of Financial and Academic


9435 Affairs for Higher Education may utilize up to one per cent of the total
9436 annual student financial assistance appropriation for administrative
9437 support associated with implementing the provisions of section 10a-
9438 169.

9439 Sec. 270. Section 4-9c of the general statutes is repealed and the
9440 following is substituted in lieu thereof (Effective July 1, 2011):

9441 Appointments made by the Governor to the [boards of trustees of


9442 the constituent units of the state system of higher education and to the
9443 Board for State Academic Awards] Board of Trustees of The University
9444 of Connecticut and the Board of Regents for Higher Education shall be
9445 subject to the confirmation process described in section 4-7.

9446 Sec. 271. Subsection (a) of section 4d-90 of the general statutes is
9447 repealed and the following is substituted in lieu thereof (Effective July
9448 1, 2011):

9449 (a) There is established a Geospatial Information Systems Council


9450 consisting of the following members, or their designees: (1) The
9451 Secretary of the Office of Policy and Management; (2) the
9452 Commissioners of Environmental Protection, Economic and
9453 Community Development, Transportation, Public Safety, Public
9454 Health, Public Works, Agriculture, Emergency Management and
9455 Homeland Security and Social Services; (3) the Chief Information
9456 Officer of the Department of Information Technology; (4) the
9457 [Chancellor of the Connecticut State University System] president of
9458 the Board of Regents for Higher Education; (5) the president of The
9459 University of Connecticut; (6) the Executive Director of the
9460 Connecticut Siting Council; (7) one member who is a user of geospatial
9461 information systems appointed by the president pro tempore of the
9462 Senate representing a municipality with a population of more than
9463 sixty thousand; (8) one member who is a user of geospatial information

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Bill No. 6651
9464 systems appointed by the minority leader of the Senate representing a
9465 regional planning agency; (9) one member who is a user of geospatial
9466 information systems appointed by the Governor representing a
9467 municipality with a population of less than sixty thousand but more
9468 than thirty thousand; (10) one member who is a user of geospatial
9469 information systems appointed by the speaker of the House of
9470 Representatives representing a municipality with a population of less
9471 than thirty thousand; (11) one member appointed by the minority
9472 leader of the House of Representatives who is a user of geospatial
9473 information systems; (12) the chairperson of the Public Utilities
9474 Control Authority; (13) the Adjutant General of the Military
9475 Department; and (14) any other persons the council deems necessary
9476 appointed by the council. The Governor shall select the chairperson
9477 from among the members. The chairperson shall administer the affairs
9478 of the council. Vacancies shall be filled by appointment by the
9479 authority making the appointment. Members shall receive no
9480 compensation for their services on said council, but shall be
9481 reimbursed for necessary expenses incurred in the performance of
9482 their duties. Said council shall hold one meeting each calendar quarter
9483 and such additional meetings as may be prescribed by council rules. In
9484 addition, special meetings may be called by the chairperson or by any
9485 three members upon delivery of forty-eight hours written notice to
9486 each member.

9487 Sec. 272. Subsection (g) of section 5-160 of the general statutes is
9488 repealed and the following is substituted in lieu thereof (Effective July
9489 1, 2011):

9490 (g) Any teacher in state service required as a condition of his


9491 employment to hold an appropriate certificate of qualification issued
9492 by the State Board of Education under the provisions of section 10-145a
9493 and any teacher or professional staff member employed by the Board
9494 of [Governors of] Regents for Higher Education or any of [its] the
9495 constituent units shall elect membership either in the retirement
9496 system or the teachers' retirement system subject to the provisions of

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Bill No. 6651
9497 section 10-183p, provided on or after October 1, 1975, any such
9498 employee who is appointed to a position which makes him eligible for
9499 membership in an alternate retirement program as authorized by
9500 subsections (u) and (v) of section 5-154, sections 5-156 and 5-158f and
9501 this subsection, and who elects such membership, shall not be required
9502 to become a member of the state employees retirement system or the
9503 Teachers' Retirement Association. Each such teacher shall be notified
9504 of the above option when he accepts his employment. If any such
9505 teacher shall not have made an election within one month after
9506 employment, he shall be deemed to have elected membership in the
9507 state employees retirement system. In the administration of this
9508 section, the board of trustees of the institution or unit employing the
9509 teacher and said board shall each perform, for the persons employed
9510 by it, the duties prescribed by chapter 167a for boards of education and
9511 the chief administrative officer of such institution, unit or board shall
9512 perform those prescribed in said chapter for the superintendent of
9513 schools.

9514 Sec. 273. Section 5-199d of the general statutes is repealed and the
9515 following is substituted in lieu thereof (Effective July 1, 2011):

9516 The Department of Administrative Services or any other state


9517 agency which seeks to contract for training for their employees shall,
9518 prior to entering into a contract, contact the [chancellor of the regional
9519 community-technical colleges, or his] president of the Board of Regents
9520 for Higher Education, or said president's designee, to determine if an
9521 appropriate training program exists or can be designed at a regional
9522 community-technical college. Nothing in this section shall preclude an
9523 agency from considering or choosing other providers to meet such
9524 training need.

9525 Sec. 274. Subsection (a) of section 7-323k of the general statutes is
9526 repealed and the following is substituted in lieu thereof (Effective July
9527 1, 2011):

9528 (a) There is established a Commission on Fire Prevention and

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Bill No. 6651
9529 Control to consist of twelve members appointed by the Governor. The
9530 State Fire Marshal or his or her designee and [the chancellor of the
9531 community-technical colleges] the president of the Board of Regents
9532 for Higher Education or his or her designee shall serve as ex-officio,
9533 voting members of said commission. Of the twelve members
9534 appointed by the Governor, two shall represent The Connecticut State
9535 Firemen's Association, two shall represent the Connecticut Fire Chiefs
9536 Association, two shall represent the Uniformed Firefighters of the
9537 International Association of Firefighters, AFL-CIO, two shall represent
9538 the Connecticut Fire Marshals Association, two shall represent the
9539 Connecticut Fire Department Instructors Association and two shall
9540 represent the Connecticut Conference of Municipalities.

9541 Sec. 275. Subsection (a) of section 7-608 of the general statutes is
9542 repealed and the following is substituted in lieu thereof (Effective July
9543 1, 2011):

9544 (a) There is established a Neighborhood Revitalization Zone


9545 Advisory Board. The board shall consist of the following voting
9546 members: (1) The Secretary of the Office of Policy and Management;
9547 (2) the President of the Connecticut Institute of Municipal Studies; (3)
9548 the [chancellor of the Regional Community-Technical Colleges]
9549 president of the Board of Regents for Higher Education; (4) the heads
9550 of those state agencies deemed appropriate by the secretary; (5) the
9551 chief executive officer of a municipality in which a neighborhood
9552 revitalization zone planning committee, pursuant to this chapter, was
9553 established on or before July 1, 1998; and (6) one member of each such
9554 neighborhood revitalization zone planning committee appointed by
9555 the chief executive officer based upon recommendations submitted to
9556 him by such committee. In a municipality having more than one
9557 neighborhood revitalization zone planning committee, each committee
9558 shall submit its recommendations to the chief executive officer and he
9559 shall choose the board member to be appointed from such
9560 recommendations. Each member of the board may designate a person
9561 to represent him on said board. The membership of the board shall be

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Bill No. 6651
9562 increased on September 1, 1999, and annually thereafter, to reflect the
9563 addition of a municipal chief executive officer and a member of a
9564 neighborhood revitalization zone planning committee having been
9565 established in the preceding twelve months, in a municipality not
9566 previously represented on said board. The members of the board shall
9567 serve without compensation.

9568 Sec. 276. Subsection (a) of section 10-9 of the general statutes is
9569 repealed and the following is substituted in lieu thereof (Effective July
9570 1, 2011):

9571 (a) The State Treasurer may receive in the name of the state any
9572 money or property given or bequeathed to the state, to the Board of
9573 [Governors of] Regents for Higher Education or to any of [its] the
9574 constituent units for educational purposes, and may expend the same
9575 or any income therefrom according to the terms of the gift or bequest.
9576 Such money or property shall be invested by the Treasurer in
9577 accordance with the provisions of section 3-31a.

9578 Sec. 277. Subdivision (14) of section 10-183b of the general statutes is
9579 repealed and the following is substituted in lieu thereof (Effective July
9580 1, 2011):

9581 (14) "Employer" means an elected school committee, a board of


9582 education, the State Board of Education, the [board of governors]
9583 Board of Regents for Higher Education or any of [its] the constituent
9584 units, the governing body of the Children's Center and its successors,
9585 the E. O. Smith School and any other activity, institution or school
9586 employing members.

9587 Sec. 278. Subdivision (26) of section 10-183b of the general statutes is
9588 repealed and the following is substituted in lieu thereof (Effective July
9589 1, 2011):

9590 (26) "Teacher" means (A) any teacher, permanent substitute teacher,
9591 principal, assistant principal, supervisor, assistant superintendent or

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9592 superintendent employed by the public schools in a professional
9593 capacity while possessing a certificate or permit issued by the State
9594 Board of Education, provided on and after July 1, 1975, such certificate
9595 shall be for the position in which the person is then employed, except
9596 as provided for in section 10-183qq, (B) certified personnel who
9597 provide health and welfare services for children in nonprofit schools,
9598 as provided in section 10-217a, under an oral or written agreement, (C)
9599 any person who is engaged in teaching or supervising schools for
9600 adults if the annual salary paid for such service is equal to or greater
9601 than the minimum salary paid for a regular, full-time teaching position
9602 in the day schools in the town where such service is rendered, (D) a
9603 member of the professional staff of the State Board of Education or of
9604 the Board of [Governors of] Regents for Higher Education or any of
9605 [its] the constituent units, and (E) a member of the staff of the State
9606 Education Resource Center established pursuant to section 10-4q
9607 employed in a professional capacity while possessing a certificate or
9608 permit issued by the State Board of Education. A "permanent
9609 substitute teacher" is one who serves as such for at least ten months
9610 during any school year.

9611 Sec. 279. Subsection (a) of section 10-236a of the general statutes is
9612 repealed and the following is substituted in lieu thereof (Effective July
9613 1, 2011):

9614 (a) Each board of education shall protect and save harmless any
9615 member of such board or any teacher or other employee thereof or any
9616 member of its supervisory or administrative staff, and the State Board
9617 of Education, the [Board of Governors of Higher Education, the board
9618 of trustees of each state institution] Board of Regents for Higher
9619 Education, the Board of Trustees for The University of Connecticut,
9620 and each state agency which employs any teacher, and the managing
9621 board of any public school, as defined in section 10-183b, as amended
9622 by this act, shall protect and save harmless any member of such
9623 boards, or any teacher or other employee thereof or any member of its
9624 supervisory or administrative staff employed by it, from financial loss

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Bill No. 6651
9625 and expense, including payment of expenses reasonably incurred for
9626 medical or other service necessary as a result of an assault upon such
9627 teacher or other employee while such person was acting in the
9628 discharge of his or her duties within the scope of his employment or
9629 under the direction of such board of education, Board of [Governors
9630 of] Regents for Higher Education, [board of trustees,] Board of Regents
9631 for Higher Education, board of trustees, state agency, department or
9632 managing board, which expenses are not paid by the individual
9633 teacher's or employee's insurance, workers' compensation or any other
9634 source not involving an expenditure by such teacher or employee.

9635 Sec. 280. Section 10a-20 of the general statutes is repealed and the
9636 following is substituted in lieu thereof (Effective July 1, 2011):

9637 Notwithstanding the provisions of any general statute or special act


9638 to the contrary, the selection, appointment, assignment of duties,
9639 amount of compensation, sick leave, vacation, leaves of absence,
9640 termination of service, rank and status of the individual members of
9641 the respective professional staffs of the system of higher education
9642 shall be under the sole jurisdiction of the respective boards of trustees
9643 within available funds. [The Board of Governors of Higher Education
9644 shall, in consultation with the Boards of Trustees of the Community-
9645 Technical Colleges and the Connecticut State University System and
9646 the Board for State Academic Awards, develop personnel guidelines
9647 for the central office staffs of said boards of trustees. The Board of
9648 Governors of Higher Education and the constituent unit boards shall
9649 each determine who constitutes the professional staffs of their
9650 respective units and establish compensation and classification
9651 schedules for their professional staffs.] Each constituent board shall
9652 annually submit to the Commissioner of Administrative Services a list
9653 of the positions which it has included within the professional staff.

9654 Sec. 281. Subsections (d) and (e) of section 10a-91d of the general
9655 statutes are repealed and the following is substituted in lieu thereof
9656 (Effective July 1, 2011):

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9657 (d) (1) In accordance with the provisions of chapters 59 and 60, the
9658 Commissioner of Public Works shall be responsible for the duties as
9659 specified in said provisions, and, on a quarterly basis, the
9660 commissioner shall provide [the chancellor of] the system with
9661 information needed for compliance with sections 10a-91a to 10a-91h,
9662 inclusive, including, but not limited to, costs, timeliness of completion
9663 of projects and any issues that have developed in implementation of
9664 any project under the commissioner's jurisdiction.

9665 (2) Not later than January 1, 2009, and annually thereafter, the
9666 Commissioner of Public Works shall, in accordance with section 11-4a,
9667 report to the Governor and the General Assembly on any (A)
9668 construction management services costs, (B) administrative services
9669 costs, and (C) costs of fees associated with CSUS 2020.

9670 (e) The Commissioner of Public Safety and [the chancellor of] the
9671 system shall enter into and maintain a memorandum of understanding
9672 that shall provide for the assignment of personnel from the
9673 Department of Public Safety to ensure that buildings or projects that
9674 are part of the CSUS 2020 program are designed and constructed in
9675 compliance with the Fire Safety Code and the State Building Code with
9676 respect to buildings or building projects that (1) are part of CSUS 2020,
9677 as authorized by sections 10a-91a to 10a-91h, inclusive, (2) do not meet
9678 the threshold limits, as defined in section 29-276b, and (3) construction
9679 of which is initiated during the period of time in which the
9680 memorandum is in effect.

9681 Sec. 282. Subsection (b) of section 14-19a of the general statutes is
9682 repealed and the following is substituted in lieu thereof (Effective July
9683 1, 2011):

9684 (b) The Department of Motor Vehicles, in consultation with the


9685 Board of [Governors of the Department of] Regents for Higher
9686 Education, shall adopt regulations, in accordance with the provisions
9687 of chapter 54, to establish standards for the issuance and renewal of
9688 collegiate special number plates with the logos or emblems of

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9689 Connecticut public and independent institutions of higher education.

9690 Sec. 283. Section 31-3c of the general statutes is repealed and the
9691 following is substituted in lieu thereof (Effective July 1, 2011):

9692 The Labor Commissioner, with the approval of the Commissioners


9693 of Economic and Community Development and Education, shall
9694 establish a customized job training program for preemployment and
9695 postemployment job training for the purpose of meeting the labor
9696 requirements of manufacturing or economic base businesses, as
9697 defined in subsection (l) of section 32-222, and shall implement such
9698 job training program. Such job training program shall include training
9699 designed to increase the basic skills of employees, including, but not
9700 limited to, training in written and oral communication, mathematics or
9701 science, or training in technical and technological skills. The Labor
9702 Commissioner shall use funds appropriated to the Labor Department
9703 for vocational and manpower training in carrying out such job training
9704 program, except that not more than four per cent of such funds may be
9705 used to pay the cost of its administration. Upon receipt of a request for
9706 job training pursuant to this section, the Labor Commissioner shall
9707 notify the [chancellor of the regional community-technical colleges]
9708 president of the Board of Regents for Higher Education, or his or her
9709 designee, of such request. The [chancellor] president, or his or her
9710 designee, shall determine if a training program exists or can be
9711 designed at a regional community-technical college to meet such
9712 training need and shall notify the Labor Commissioner of such
9713 determination. The Labor Commissioner shall to the extent possible
9714 make arrangements for the participation of the regional
9715 community-technical colleges, the Connecticut State University
9716 System, other institutions of higher education, other postsecondary
9717 institutions, adult education programs, opportunities industrialization
9718 centers and state regional vocational-technical schools in
9719 implementing the program. Nothing in this section shall preclude the
9720 Labor Commissioner from considering or choosing other providers to
9721 meet such training need. Nothing in this section shall preclude an

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Bill No. 6651
9722 employer from considering or choosing other providers to meet the
9723 training needs of such employer, provided the Labor Commissioner
9724 approves such employer's use of such other providers. For the period
9725 from July 1, 1996, to June 30, 1999, the Labor Commissioner, or his or
9726 her designee, the chancellor of the community-technical colleges and
9727 the chairpersons of the joint standing committee of the General
9728 Assembly having cognizance of matters relating to education shall
9729 meet semiannually to review actions taken pursuant to this section and
9730 section 32-6j.

9731 Sec. 284. Section 32-6j of the general statutes is repealed and the
9732 following is substituted in lieu thereof (Effective July 1, 2011):

9733 In the assessment and provision of job training for employers, the
9734 Commissioner of Economic and Community Development and the
9735 executive director of the Connecticut Development Authority shall
9736 request the assistance of the Labor Commissioner. Upon receipt of a
9737 request for job training pursuant to this section, the Labor
9738 Commissioner shall notify the [chancellor of the regional community-
9739 technical colleges] president of the Board of Regents for Higher
9740 Education, or his or her designee, of such request. The [chancellor]
9741 president, or his or her designee, shall determine if a training program
9742 exists or can be designed at a regional community-technical college to
9743 meet such training need and shall notify the Labor Commissioner of
9744 such determination. The Labor Commissioner shall to the extent
9745 possible make arrangements for the participation of the regional
9746 community-technical colleges, the Connecticut State University
9747 System, other institutions of higher education, other postsecondary
9748 institutions, adult education programs and state regional vocational-
9749 technical schools in implementing the program. Nothing in this section
9750 shall preclude the Labor Commissioner from considering or choosing
9751 other providers to meet such training need.

9752 Sec. 285. (NEW) (Effective July 1, 2011) (a) Wherever the term "Board
9753 of Governors of Higher Education" is used or referred to in the

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Bill No. 6651
9754 following sections of the general statutes, the term "Board of Regents
9755 for Higher Education" shall be substituted in lieu thereof: 3-22e, 4-38c,
9756 4-67x, 4-89, 4-186, 4d-80, 4d-82, 5-160, 5-177, 10-16p, 10-19, 10-145a, 10-
9757 145b, 10-145m, 10-145n, 10-145p, 10-155e, 10-155l, 10-183n, 10-220a, 10-
9758 235, 10a-6, 10a-7, 10a-10, 10a-12b, 10a-13, 10a-16, 10a-19i, 10a-20a, 10a-
9759 22, 10a-24, 10a-25j, 10a-25o, 10a-25p, 10a-31, 10a-33, 10a-36, 10a-42b,
9760 10a-43, 10a-44b, 10a-45, 10a-46, 10a-48, 10a-48b, 10a-49, 10a-51, 10a-54,
9761 10a-66, 10a-74, 10a-78, 10a-132a, 10a-149, 10a-161, 10a-162a, 10a-163,
9762 10a-163b, 10a-166, 10a-168, 10a-169, 10a-170b, 10a-170d, 10a-170l, 10a-
9763 170m, 10a-170u, 10a-170v, 10a-170w, 10a-171, 10a-203, 10a-210, 12-407,
9764 19a-75, 20-37a, 20-206bb, 30-20a and 52-279.

9765 (b) Wherever the term "Department of Higher Education" is used or


9766 referred to in the following sections of the general statutes, the term
9767 "Board of Regents for Higher Education" shall be substituted in lieu
9768 thereof: 4-89, 4-124x, 4-124y, 4-124aa, 4a-11, 4d-82, 5-155a, 5-198, 10-8c,
9769 10-76i, 10-145b, 10-221a, 10a-1, 10a-8b, 10a-8c, 10a-10, 10a-12, 10a-14,
9770 10a-17, 10a-19c, 10a-19e, 10a-19f, 10a-19g, 10a-19i, 10a-25, 10a-25n, 10a-
9771 48, 10a-54, 10a-55g, 10a-65, 10a-77a, 10a-99a, 10a-109i, 10a-151, 10a-
9772 161b, 10a-163, 10a-163b, 10a-169a, 10a-169b, 10a-170a, 10a-170e, 10a-
9773 170i, 10a-170l, 10a-170r, 10a-170t, 10a-170u, 11-1, 17a-52, 17a-215c and
9774 20-206bb.

9775 (c) Wherever the term "Commissioner of Higher Education" is used


9776 or referred to in the following sections of the general statutes, the term
9777 "president of the Board of Regents for Higher Education" shall be
9778 substituted in lieu thereof: 3-22e, 4-124x, 4-124y, 4-124aa, 10-1, 10-16p,
9779 10-16z, 10a-19d, 10a-19e, 10a-19f, 10a-19h, 10a-48, 10a-48b, 10a-55a,
9780 10a-77a, 10a-99a, 10a-109i, 10a-112g, 10a-144, 10a-150, 10a-150b, 10a-
9781 161a, 10a-161b, 10a-163, 10a-169a, 10a-169b, 10a-170c, 10a-170d, 10a-
9782 170i, 10a-170k, 10a-170s, 10a-170t, 10a-203, 10a-224, 12-413b, 17a-52, 32-
9783 4f, 32-35 and 32-39.

9784 (d) Wherever the terms "Board of Governors of Higher Education"


9785 or "Department of Higher Education" are used or referred to in any

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Bill No. 6651
9786 public or special act of 2011, the term "Board of Regents for Higher
9787 Education" shall be substituted in lieu thereof.

9788 (e) Wherever the term "Commissioner of Higher Education" is used


9789 or referred to in any public or special act of 2011, the term "president of
9790 the Board of Regents for Higher Education" shall be substituted in lieu
9791 thereof.

9792 (f) The Legislative Commissioners' Office shall, in codifying the


9793 provisions of this section, make such technical, conforming,
9794 grammatical and punctuation changes as are necessary to carry out the
9795 provisions of this section.

9796 Sec. 286. Subsection (b) of section 9-601a of the general statutes is
9797 repealed and the following is substituted in lieu thereof (Effective
9798 January 1, 2012, and applicable to primaries and elections held on and after
9799 said date):

9800 (b) As used in this chapter and [sections 9-700 to 9-716, inclusive]
9801 chapter 157, "contribution" does not mean:

9802 (1) A loan of money made in the ordinary course of business by a


9803 national or state bank;

9804 (2) Any communication made by a corporation, organization or


9805 association to its members, owners, stockholders, executive or
9806 administrative personnel, or their families;

9807 (3) Nonpartisan voter registration and get-out-the-vote campaigns


9808 by any corporation, organization or association aimed at its members,
9809 owners, stockholders, executive or administrative personnel, or their
9810 families;

9811 (4) Uncompensated services provided by individuals volunteering


9812 their time on behalf of a party committee, political committee, slate
9813 committee or candidate committee, including any services provided
9814 for the benefit of nonparticipating and participating candidates under

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Bill No. 6651
9815 the Citizens' Election Program and any unreimbursed travel expenses
9816 made by an individual who volunteers the individual's personal
9817 services to any such committee. For purposes of this subdivision, an
9818 individual is a volunteer if such individual is not receiving
9819 compensation for such services regardless of whether such individual
9820 received compensation in the past or may receive compensation in the
9821 future for such services;

9822 (5) The use of real or personal property, and the cost of invitations,
9823 food or beverages, voluntarily provided by an individual to a
9824 candidate, [or on behalf of a state central or town committee] including
9825 a nonparticipating or participating candidate under the Citizens'
9826 Election Program, party, political or slate committee, in rendering
9827 voluntary personal services [for candidate or party-related activities] at
9828 the individual's [residence] residential premises or a community room
9829 in the individual's residence facility, to the extent that the cumulative
9830 value of the invitations, food or beverages provided for any single
9831 event by [the] an individual on behalf of any [single] candidate or
9832 committee does not exceed [two] four hundred dollars with respect to
9833 any [single] calendar year or primary or general election, as the case
9834 may be, and [on behalf of all state central and town committees] does
9835 not exceed eight hundred dollars for any such event hosted by two or
9836 more individuals, provided at least one such individual owns or
9837 resides at the residential premises, and further provided the
9838 cumulative value of the invitations, food or beverages provided by an
9839 individual on behalf of any such candidate or committee does not
9840 exceed [four] eight hundred dollars in any calendar year or single
9841 election, as the case may be;

9842 (6) The sale of food or beverage [for use in a candidate's campaign
9843 or] for use by a [state central or town committee] party, political, slate
9844 or candidate committee, including those for a participating or
9845 nonparticipating candidate, at a discount, if the charge is not less than
9846 the cost to the vendor, to the extent that the cumulative value of the
9847 discount given to or on behalf of any single candidate committee does

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Bill No. 6651
9848 not exceed [two] four hundred dollars with respect to any single
9849 primary or election, [and] or to or on behalf of [all state central and
9850 town committees] any party, political or slate committee, does not
9851 exceed [four] six hundred dollars in a calendar year;

9852 (7) The display of a lawn sign by a human being or real property;

9853 [(7) Any unreimbursed payment for travel expenses made by an


9854 individual who on the individual's own behalf volunteers the
9855 individual's personal services to any single candidate to the extent the
9856 cumulative value does not exceed two hundred dollars with respect to
9857 any single election, and on behalf of all state central or town
9858 committees does not exceed four hundred dollars in a calendar year;]

9859 (8) The payment, by a party committee [, political committee or an


9860 individual,] or slate committee of the costs of preparation, display,
9861 mailing or other distribution incurred by the committee or individual
9862 with respect to any printed slate card, sample ballot or other printed
9863 list containing the names of three or more candidates;

9864 (9) The donation of any item of personal property by an individual


9865 to a committee for a fund-raising affair, including a tag sale or auction,
9866 or the purchase by an individual of any such item at such an affair, to
9867 the extent that the cumulative value donated or purchased does not
9868 exceed [fifty] one hundred dollars;

9869 (10) (A) The purchase of advertising space which clearly identifies
9870 the purchaser, in a program for a fund-raising affair sponsored by the
9871 candidate committee of a candidate for an office of a municipality,
9872 provided the cumulative purchase of such space does not exceed two
9873 hundred fifty dollars from any single such candidate or the candidate's
9874 committee with respect to any single election campaign if the
9875 purchaser is a business entity or fifty dollars for purchases by any
9876 other person;

9877 (B) The purchase of advertising space which clearly identifies the

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Bill No. 6651
9878 purchaser, in a program for a fund-raising affair or on signs at a fund-
9879 raising affair sponsored by a town committee, provided the
9880 cumulative purchase of such space does not exceed two hundred fifty
9881 dollars from any single town committee in any calendar year if the
9882 purchaser is a business entity or fifty dollars for purchases by any
9883 other person. Notwithstanding the provisions of this subparagraph,
9884 the following may not purchase advertising space in a program for a
9885 fund-raising affair or on signs at a fund-raising affair sponsored by a
9886 town committee: (i) A communicator lobbyist, (ii) a member of the
9887 immediate family of a communicator lobbyist, (iii) a state contractor,
9888 (iv) a prospective state contractor, or (v) a principal of a state
9889 contractor or prospective state contractor. As used in this
9890 subparagraph, "state contractor", "prospective state contractor" and
9891 "principal of a state contractor or prospective state contractor" have the
9892 same meanings as provided in subsection (g) of section 9-612;

9893 (11) The payment of money by a candidate to the candidate's


9894 candidate committee, provided the committee is for a nonparticipating
9895 candidate;

9896 (12) The donation of goods or services by a business entity to a


9897 committee for a fund-raising affair, including a tag sale or auction, to
9898 the extent that the cumulative value donated does not exceed [one]
9899 two hundred dollars;

9900 (13) The advance of a security deposit by an individual to a


9901 telephone company, as defined in section 16-1, for telecommunications
9902 service for a committee or to another utility company, such as an
9903 electric company, provided the security deposit is refunded to the
9904 individual;

9905 (14) The provision of facilities, equipment, technical and managerial


9906 support, and broadcast time by a community antenna television
9907 company, as defined in section 16-1, for community access
9908 programming pursuant to section 16-331a, unless (A) the major
9909 purpose of providing such facilities, equipment, support and time is to

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Bill No. 6651
9910 influence the nomination or election of a candidate, or (B) such
9911 facilities, equipment, support and time are provided on behalf of a
9912 political party;

9913 (15) The sale of food or beverage by a town committee to an


9914 individual at a town fair, county fair, local festival or similar mass
9915 gathering held within the state, to the extent that the cumulative
9916 payment made by any one individual for such items does not exceed
9917 fifty dollars;

9918 (16) An organization expenditure by a party committee, legislative


9919 caucus committee or legislative leadership committee;

9920 (17) The donation of food or beverage by an individual for


9921 consumption at a slate, candidate, [legislative caucus, legislative
9922 leadership] political committee or party committee meeting, event or
9923 activity that is not a fund-raising affair to the extent that the
9924 cumulative value of the food or beverages donated by an individual
9925 for a single meeting or event does not exceed fifty dollars; or

9926 (18) The value associated with the de minimis [campaign] activity
9927 on behalf of a party committee, political committee, slate committee
9928 [legislative caucus committee, legislative leadership committee,] or
9929 candidate committee, including for activities [undertaken for the
9930 benefit of participating and nonparticipating candidates under the
9931 Citizens' Election Program of] including, but not limited to, (A) the
9932 creation of electronic or written communications created on a
9933 voluntary basis without compensation, including, but not limited to,
9934 the creation and ongoing content development and delivery of social
9935 media on the Internet or telephone, including, but not limited to, the
9936 sending or receiving of electronic mail or messages, [from an
9937 individual's personal computer or cellular telephone when
9938 compensation is not remitted to such individual for the sending of
9939 such electronic mail or messages; or] (B) the posting or display of a
9940 candidate's name or group of candidates' names at a town fair, county
9941 fair, local festival or similar mass gathering by a party committee, or

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Bill No. 6651
9942 (C) the use of personal property or a service that is customarily
9943 attendant to the occupancy of a residential dwelling, or the donation of
9944 an item or items of personal property that are customarily used for
9945 campaign purposes, by an individual, to a candidate committee,
9946 provided the cumulative fair market value of such use of personal
9947 property or service or items of personal property does not exceed one
9948 hundred dollars in the aggregate for any single election or calendar
9949 year, as the case may be. For purposes of this subdivision, "social
9950 media" means an electronic medium where users may create and view
9951 user-generated content, such as uploaded or downloaded videos or
9952 still photographs, blogs, video blogs, podcasts or instant messages.

9953 [(19) The display of a lawn sign by a human being or on real


9954 property.]

9955 Sec. 287. Subsection (a) of section 9-603 of the general statutes is
9956 repealed and the following is substituted in lieu thereof (Effective from
9957 passage):

9958 (a) Statements filed by party committees, political committees


9959 formed to aid or promote the success or defeat of a referendum
9960 question proposing a constitutional convention, constitutional
9961 amendment or revision of the Constitution, individual lobbyists, and
9962 those political committees and candidate committees formed to aid or
9963 promote the success or defeat of any candidate for the office of
9964 Governor, Lieutenant Governor, Secretary of the State, State Treasurer,
9965 State Comptroller, Attorney General, judge of probate and members of
9966 the General Assembly, shall be filed with the State Elections
9967 Enforcement Commission. [A copy of each statement filed by a town
9968 committee shall be filed at the same time with the town clerk of the
9969 municipality in which the committee is situated.] A political committee
9970 formed for a slate of candidates in a primary for the office of justice of
9971 the peace shall file statements with [both the State Elections
9972 Enforcement Commission and] the town clerk of the municipality in
9973 which the primary is to be held.

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9974 Sec. 288. Subsection (b) of section 9-606 of the general statutes is
9975 repealed and the following is substituted in lieu thereof (Effective
9976 January 1, 2012, and applicable to primaries and elections held on and after
9977 said date):

9978 (b) A contribution in the form of a check drawn on a joint bank


9979 account shall, for the purpose of allocation, be deemed to be a
9980 contribution made by the individual who signed the check. If a check
9981 is signed by more than one individual, the total amount of the check
9982 shall be divided equally among the cosigners for the purpose of
9983 allocation, except such contribution shall be allocated in accordance
9984 with the provisions of a written statement, if any, from the holders of
9985 such joint bank account that indicates how such contribution should be
9986 differently allocated. If a committee receives an anonymous
9987 contribution, [of more than fifteen dollars] the campaign treasurer
9988 shall immediately remit the contribution to the [State Treasurer] State
9989 Elections Enforcement Commission for deposit in the General Fund.
9990 [The State Treasurer shall deposit the contribution in the General
9991 Fund.]

9992 Sec. 289. Subsection (a) of section 9-608 of the general statutes is
9993 repealed and the following is substituted in lieu thereof (Effective
9994 January 1, 2012, and applicable to primaries and elections held on or after said
9995 date):

9996 (a) (1) Each [campaign] treasurer of a committee, other than a state
9997 central committee, shall file a statement, sworn under penalty of false
9998 statement with the proper authority in accordance with the provisions
9999 of section 9-603, as amended by this act, (A) on the tenth calendar day
10000 in the months of January, April, July and October, provided, if such
10001 tenth calendar day is a Saturday, Sunday or legal holiday, the
10002 statement shall be filed on the next business day, (B) on the seventh
10003 day preceding each regular state election, except that (i) in the case of a
10004 candidate or exploratory committee established for an office to be
10005 elected at a municipal election, the statement shall be filed on the

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10006 seventh day preceding a regular municipal election in lieu of such
10007 date, [and] (ii) in the case of a town committee, the statement shall be
10008 filed on the seventh day preceding each municipal election in addition
10009 to such date, and (iii) in the case of a candidate committee in a state
10010 election that is required to file any supplemental campaign finance
10011 statements pursuant to subdivisions (1) and (2) of subsection (a) of
10012 section 9-712, as amended by this act, such supplemental campaign
10013 finance statements shall satisfy the filing requirement under this
10014 subdivision, and (C) if the committee has made or received a
10015 contribution or expenditure in connection with any other election, a
10016 primary or a referendum, on the seventh day preceding the election,
10017 primary or referendum, except that in the case of a candidate
10018 committee in a primary that is required to file statements pursuant to
10019 subdivisions (1) and (2) of subsection (a) of section 9-712, as amended
10020 by this act, such statements shall satisfy filing requirement under this
10021 subdivision. The statement shall be complete as of eleven fifty-nine
10022 o'clock p.m. of the last day of the month preceding the month in which
10023 the statement is required to be filed, except that for the statement
10024 required to be filed on the seventh day preceding the election, primary
10025 or referendum, the statement shall be complete as of [seven days]
10026 eleven fifty-nine o'clock p.m. of the second day immediately preceding
10027 the required filing day. The statement shall cover a period to begin
10028 with the first day not included in the last filed statement. In the case of
10029 a candidate committee, the statement required to be filed in January
10030 shall be in lieu of the statement formerly required to be filed within
10031 forty-five days following an election.

10032 (2) Each campaign treasurer of a candidate committee, within thirty


10033 days following any primary, and each campaign treasurer of a political
10034 committee formed for a single primary, election or referendum, within
10035 forty-five days after any election or referendum not held in November,
10036 shall file statements in the same manner as is required of them under
10037 subdivision (1) of this subsection. If the campaign treasurer of a
10038 candidate committee established by a candidate, who is unsuccessful
10039 in the primary or has terminated his candidacy prior to the primary,

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10040 distributes all surplus funds within thirty days following the
10041 scheduled primary and discloses the distribution on the postprimary
10042 statement, such campaign treasurer shall not be required to file any
10043 subsequent statement unless the committee has a deficit, in which case
10044 he shall file any required statements in accordance with the provisions
10045 of subdivision (3) of subsection (e) of this section.

10046 (3) In the case of state central committees, (A) on the tenth calendar
10047 day in the months of January, April and July, provided, if such tenth
10048 calendar day is a Saturday, Sunday or legal holiday, on the next
10049 business day, and (B) on the twelfth day preceding any election, the
10050 campaign treasurer of each such committee shall file with the proper
10051 authority, a statement, sworn under penalty of false statement,
10052 complete as of the last day of the month immediately preceding the
10053 month in which such statement is to be filed in the case of statements
10054 required to be filed in January, April and July, and complete as of the
10055 nineteenth day preceding an election, in the case of the statement
10056 required to be filed on the twelfth day preceding an election, and in
10057 each case covering a period to begin with the first day not included in
10058 the last filed statement.

10059 Sec. 290. Subsections (c) to (e), inclusive, of section 9-608 of the
10060 general statutes are repealed and the following is substituted in lieu
10061 thereof (Effective January 1, 2012, and applicable to primaries and elections
10062 held on and after said date):

10063 (c) (1) Each statement filed under subsection (a), (e) or (f) of this
10064 section shall include, but not be limited to: (A) An itemized accounting
10065 of each contribution, if any, including the full name and complete
10066 address of each contributor and the amount of the contribution; (B) [in
10067 the case of anonymous contributions, the total amount received and
10068 the denomination of the bills; (C)] an itemized accounting of each
10069 expenditure, if any, including the full name and complete address of
10070 each payee, including secondary payees whenever the primary or
10071 principal payee is known to include charges which the primary payee

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Bill No. 6651
10072 has already paid or will pay directly to another person, vendor or
10073 entity, the amount and the purpose of the expenditure, the candidate
10074 supported or opposed by the expenditure, whether the expenditure is
10075 made independently of the candidate supported or is an in-kind
10076 contribution to the candidate, and a statement of the balance on hand
10077 or deficit, as the case may be; [(D)] (C) an itemized accounting of each
10078 expense incurred but not paid, provided if the expense is incurred by
10079 use of a credit card, the accounting shall include secondary payees,
10080 and the amount owed to each such payee; [(E)] (D) the name and
10081 address of any person who is the guarantor of a loan to, or the cosigner
10082 of a note with, the candidate on whose behalf the committee was
10083 formed, or the campaign treasurer in the case of a party committee or a
10084 political committee or who has advanced a security deposit to a
10085 telephone company, as defined in section 16-1, for telecommunications
10086 service for a committee; [(F)] (E) for each business entity or person
10087 purchasing advertising space in a program for a fund-raising affair or
10088 on signs at a fund-raising affair, the name and address of the business
10089 entity or the name and address of the person, and the amount and
10090 aggregate amounts of such purchases; [(G)] (F) for each individual
10091 who contributes in excess of one hundred dollars but not more than
10092 one thousand dollars, in the aggregate, to the extent known, the
10093 principal occupation of such individual and the name of the
10094 individual's employer, if any; [(H)] (G) for each individual who
10095 contributes in excess of one thousand dollars in the aggregate, the
10096 principal occupation of such individual [,] and the name of the
10097 individual's employer, if any; [(I)] (H) for each itemized contribution
10098 made by a lobbyist, the spouse of a lobbyist or any dependent child of
10099 a lobbyist who resides in the lobbyist's household, a statement to that
10100 effect; and [(J)] (I) for each individual who contributes in excess of four
10101 hundred dollars in the aggregate to or for the benefit of any
10102 candidate's campaign for nomination at a primary or election to the
10103 office of chief executive officer or a slate or town committee financing
10104 the nomination or election or a candidate for chief executive officer of a
10105 town, city or borough, a statement indicating whether the individual

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Bill No. 6651
10106 or a business with which he is associated has a contract with said
10107 municipality that is valued at more than five thousand dollars. Each
10108 campaign treasurer shall include in such statement (i) an itemized
10109 accounting of the receipts and expenditures relative to any testimonial
10110 affair held under the provisions of section 9-609 or any other fund-
10111 raising affair, which is referred to in subsection (b) of section 9-601a, as
10112 amended by this act, and (ii) the date, location and a description of the
10113 affair, except that a campaign treasurer shall not be required to include
10114 the name of any individual who has purchased items at a fund-raising
10115 affair or food at a town fair, county fair or similar mass gathering, if
10116 the cumulative value of items purchased by such individual does not
10117 exceed one hundred dollars, or the name of any individual who has
10118 donated food or beverages for a meeting. A campaign treasurer shall
10119 not be required to report or retain any receipts or expenditures related
10120 to any de minimis donations described in subdivision (17) of
10121 subsection (b) of section 9-601a, as amended by this act.

10122 (2) Each contributor described in subparagraph [(G), (H), (I) or (J)]
10123 (F), (G), (H) or (I) of subdivision (1) of this subsection shall, at the time
10124 the contributor makes such a contribution, provide the information
10125 [which] that the campaign treasurer is required to include under said
10126 subparagraph in the statement filed under subsection (a), (e) or (f) of
10127 this section. Notwithstanding any provision of subdivision (2) of
10128 section 9-7b, any contributor described in subparagraph [(G)] (F) of
10129 subdivision (1) of this subsection who does not provide such
10130 information at the time the contributor makes such a contribution and
10131 any treasurer shall not be subject to the provisions of subdivision (2) of
10132 section 9-7b. If a campaign treasurer receives a contribution from an
10133 individual which separately, or in the aggregate, is in excess of one
10134 thousand dollars and the contributor has not provided the information
10135 required by said subparagraph [(H)] (G) or if a campaign treasurer
10136 receives a contribution from an individual to or for the benefit of any
10137 candidate's campaign for nomination at a primary or election to the
10138 office of chief executive officer of a town, city or borough, which
10139 separately, or in the aggregate, is in excess of four hundred dollars and

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10140 the contributor has not provided the information required by said
10141 subparagraph [(J)] (I), the campaign treasurer: (i) [Within] Not later
10142 than three business days after receiving the contribution, shall send a
10143 request for such information to the contributor by certified mail, return
10144 receipt requested; (ii) shall not deposit the contribution until the
10145 campaign treasurer obtains such information from the contributor,
10146 notwithstanding the provisions of section 9-606, as amended by this
10147 act; and (iii) shall return the contribution to the contributor if the
10148 contributor does not provide the required information [within] not
10149 later than fourteen days after the treasurer's written request or the end
10150 of the reporting period in which the contribution was received,
10151 whichever is later. Any failure of a contributor to provide the
10152 information which the campaign treasurer is required to include under
10153 said subparagraph [(G) or (I)] (F) or (H), which results in
10154 noncompliance by the campaign treasurer with the provisions of said
10155 subparagraph [(G) or (I)] (F) or (H), shall be a complete defense to any
10156 action against the campaign treasurer for failure to disclose such
10157 information.

10158 (3) In addition to the requirements of subdivision (2) of this


10159 subsection, each contributor who makes a contribution to a candidate
10160 or exploratory committee for Governor, Lieutenant Governor,
10161 Attorney General, State Comptroller, Secretary of the State, State
10162 Treasurer, state senator or state representative, any political committee
10163 authorized to make contributions to such candidates or committees,
10164 and any party committee that separately, or in the aggregate, exceeds
10165 fifty dollars shall provide with the contribution: [a certification that the
10166 contributor is not a principal of a state contractor or prospective state
10167 contractor, as defined in subsection (g) of section 9-612, nor a
10168 communicator lobbyist or a member of the immediate family of a
10169 communicator lobbyist and shall provide the name of the employer of
10170 the contributor] (A) The name of the contributor's employer, if any; (B)
10171 the contributor's status as a communicator lobbyist, as defined in
10172 section 1-91, a member of the immediate family of a communicator
10173 lobbyist, a state contractor, a prospective state contractor or a principal

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Bill No. 6651
10174 of a state contractor or prospective state contractor, as defined in
10175 section 9-612; and (C) a certification that the contributor is not
10176 prohibited from making a contribution to such candidate or
10177 committee. The State Elections Enforcement Commission shall prepare
10178 a sample form for such certification by the contributor and shall make
10179 it available to campaign treasurers and contributors. Such sample form
10180 shall include an explanation of the terms "communicator lobbyist",
10181 [and] "principal of a state contractor or [principal of a] prospective
10182 state contractor", "immediate family", "state contractor" and
10183 "prospective state contractor". The information on such sample form
10184 shall be included in any written solicitation conducted by any such
10185 committee. If a campaign treasurer receives such a contribution and
10186 the contributor has not provided such certification, the campaign
10187 treasurer shall: [(A)] (i) Not later than three business days after
10188 receiving the contribution, send a request for the certification to the
10189 contributor by certified mail, return receipt requested; [(B)] (ii) not
10190 deposit the contribution until the campaign treasurer obtains the
10191 certification from the contributor, notwithstanding the provisions of
10192 section 9-606, as amended by this act; and [(C)] (iii) return the
10193 contribution to the contributor if the contributor does not provide the
10194 certification not later than fourteen days after the treasurer's written
10195 request or at the end of the reporting period in which the contribution
10196 was received, whichever is later. No treasurer shall be required to
10197 obtain and keep more than one certification from each contributor,
10198 unless information certified to by the contributor, other than the
10199 amount contributed, changes. If a campaign treasurer deposits a
10200 contribution based on a certification that is later determined to be false,
10201 the treasurer shall [not be in violation of this subdivision] have a
10202 complete defense to any action, including but not limited to, any
10203 complaint investigated by the State Elections Enforcement
10204 Commission or any other investigation initiated by said commission,
10205 against such campaign treasurer for the receipt of such contribution.

10206 (4) Contributions from a single individual to a campaign treasurer


10207 in the aggregate totaling fifty dollars or less need not be individually

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Bill No. 6651
10208 identified in the statement, but a sum representing the total amount of
10209 all such contributions made by all such individuals during the period
10210 to be covered by such statement shall be a separate entry, identified
10211 only by the words "total contributions from small contributors".

10212 (5) Each statement filed by the campaign treasurer of a party


10213 committee, a legislative caucus committee or a legislative leadership
10214 committee shall include an itemized accounting of each organization
10215 expenditure made by the committee. Concomitant with the filing of
10216 any such statement containing an accounting of an organization
10217 expenditure made by the committee for the benefit of [a participating]
10218 any candidate for the office of state senator, [or] state representative,
10219 Governor, Lieutenant Governor, Attorney General, Secretary of the
10220 State, State Comptroller or State Treasurer such campaign treasurer
10221 shall provide notice of [the amount and purpose of] the organization
10222 expenditure to the candidate committee of such candidate.

10223 (6) [In addition to the other applicable requirements of this section,
10224 the campaign treasurer of a candidate committee of a participating
10225 candidate for the office of state senator or state representative who has
10226 received the benefit of any organization expenditure shall, not later
10227 than the time of dissolving such committee, file a statement with the
10228 State Elections Enforcement Commission that lists, if known to such
10229 candidate committee, the committee which made such organization
10230 expenditure for such candidate's behalf and the amount and purpose
10231 of such organization expenditure.] The commission shall post a link on
10232 the home page of the commission's Internet web site to a listing of all
10233 organizational expenditures reported by a party, legislative leadership
10234 or caucus committee under subdivision (5) of this subsection. Such
10235 information shall include reported information on the committee
10236 making the expenditure, the committee receiving the expenditure and
10237 the date and purpose for the expenditure.

10238 (7) Statements filed in accordance with this section shall remain
10239 public records of the state for five years from the date such statements

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10240 are filed.

10241 (d) At the time of filing statements required under this section, the
10242 campaign treasurer of each candidate committee shall send to the
10243 candidate a duplicate statement and the campaign treasurer of each
10244 party committee and each political committee other than an
10245 exploratory committee shall send to the chairman of the committee a
10246 duplicate statement. Each statement required to be filed with the
10247 commission under this section, [and subsection (g) of section 9-610,]
10248 subsection (e) of section 9-612, section 9-706, as amended by this act, or
10249 section 9-712, as amended by this act, shall be deemed to be filed in a
10250 timely manner if: (1) For a statement filed as a hard copy, including,
10251 but not limited to, a statement delivered by the United States Postal
10252 Service, courier service, parcel service or hand delivery, the statement
10253 is received by the commission by five o'clock p.m. on the day the
10254 statement is required to be filed, (2) for a statement authorized by the
10255 commission to be filed electronically, including, but not limited to, a
10256 statement filed via dedicated electronic mail, facsimile machine, a web-
10257 based program created by the commission or other electronic means,
10258 the statement is transmitted to the commission not later than eleven
10259 fifty-nine o'clock p.m. on the day the statement is required to be filed,
10260 or (3) for a statement required to be filed pursuant to subsection (e) of
10261 section 9-612, section 9-706, as amended by this act, or section 9-712, as
10262 amended by this act, by the deadline specified in each such section.
10263 Any other filing required to be filed with a town clerk pursuant to this
10264 section shall be deemed to be filed in a timely manner if it is delivered
10265 by hand to the office of the [proper authority] town clerk in accordance
10266 with the provisions of section 9-603, as amended by this act, before
10267 four-thirty o'clock p.m. or postmarked by the United States Postal
10268 Service before midnight on the required filing day. If the day for any
10269 [such] filing falls on a Saturday, Sunday or legal holiday, the statement
10270 shall be filed on the next business day thereafter.

10271 (e) (1) Notwithstanding any provisions of this chapter, in the event
10272 of a surplus the campaign treasurer of a candidate committee or of a

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10273 political committee, other than a political committee formed for
10274 ongoing political activities or an exploratory committee, shall
10275 distribute or expend such surplus not later than ninety days, or for the
10276 purposes of subparagraph (H) of this subdivision, one hundred twenty
10277 days after a primary which results in the defeat of the candidate, an
10278 election or referendum not held in November or by [January] March
10279 thirty-first following an election or referendum held in November, or
10280 for the purposes of subparagraph (H) of this subdivision, June thirtieth
10281 following an election or referendum held in November, in the
10282 following manner:

10283 (A) Such committees may distribute their surplus to a party


10284 committee, or a political committee organized for ongoing political
10285 activities, return such surplus to all contributors to the committee on a
10286 prorated basis of contribution, distribute all or any part of such surplus
10287 to the Citizens' Election Fund established in section 9-701 or distribute
10288 such surplus to any charitable organization which is a tax-exempt
10289 organization under Section 501(c)(3) of the Internal Revenue Code of
10290 1986, or any subsequent corresponding internal revenue code of the
10291 United States, as from time to time amended, provided (i) no candidate
10292 committee may distribute such surplus to a committee which has been
10293 established to finance future political campaigns of the candidate, (ii) a
10294 candidate committee which received moneys from the Citizens'
10295 Election Fund shall distribute such surplus to such fund, and (iii) a
10296 candidate committee for a nonparticipating candidate, as described in
10297 subsection (b) of section 9-703, may only distribute any such surplus to
10298 the Citizens' Election Fund or to a charitable organization;

10299 (B) Each such political committee established by an organization


10300 which received its funds from the organization's treasury shall return
10301 its surplus to its sponsoring organization;

10302 (C) (i) Each political committee formed solely to aid or promote the
10303 success or defeat of any referendum question, which does not receive
10304 contributions from a business entity or an organization, shall distribute

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Bill No. 6651
10305 its surplus to a party committee, to a political committee organized for
10306 ongoing political activities, to a national committee of a political party,
10307 to all contributors to the committee on a prorated basis of contribution,
10308 to state or municipal governments or agencies or to any organization
10309 which is a tax-exempt organization under Section 501(c)(3) of the
10310 Internal Revenue Code of 1986, or any subsequent corresponding
10311 internal revenue code of the United States, as from time to time
10312 amended. (ii) Each political committee formed solely to aid or promote
10313 the success or defeat of any referendum question, which receives
10314 contributions from a business entity or an organization, shall distribute
10315 its surplus to all contributors to the committee on a prorated basis of
10316 contribution, to state or municipal governments or agencies, or to any
10317 organization which is tax-exempt under said provisions of the Internal
10318 Revenue Code. Notwithstanding the provisions of this subsection, a
10319 committee formed for a single referendum shall not be required to
10320 expend its surplus not later than ninety days after the referendum and
10321 may continue in existence if a substantially similar referendum
10322 question on the same issue will be submitted to the electorate within
10323 six months after the first referendum. If two or more substantially
10324 similar referenda on the same issue are submitted to the electorate,
10325 each no more than six months apart, the committee shall expend such
10326 surplus within ninety days following the date of the last such
10327 referendum;

10328 (D) The campaign treasurer of the candidate committee of a


10329 candidate who is elected to office may, upon the authorization of such
10330 candidate, expend surplus campaign funds to pay for the cost of
10331 clerical, secretarial or other office expenses necessarily incurred by
10332 such candidate in preparation for taking office; except such surplus
10333 shall not be distributed for the personal benefit of any individual or to
10334 any organization; [and]

10335 (E) The campaign treasurer of a candidate committee, or of a


10336 political committee, other than a political committee formed for
10337 ongoing political activities or an exploratory committee, shall, prior to

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10338 the dissolution of such committee, either (i) distribute any equipment
10339 purchased, including, but not limited to, computer equipment, to any
10340 recipient as set forth in subparagraph (A) of this subdivision, or (ii) sell
10341 any equipment purchased, including but not limited to computer
10342 equipment, to any person for fair market value and then distribute the
10343 proceeds of such sale to any recipient as set forth in said subparagraph
10344 (A);

10345 (F) The campaign treasurer of a qualified candidate committee may,


10346 following an election or unsuccessful primary, provide a post-primary
10347 thank you meal or a post-election thank you meal for committee
10348 workers, provided such meal (i) occurs not later than fourteen days
10349 after the applicable election or primary day, and (ii) the cost for such
10350 meal does not exceed thirty dollars per worker;

10351 (G) The campaign treasurer of a qualified candidate committee may,


10352 following an election or unsuccessful primary, make payment to a
10353 campaign treasurer for services rendered to the candidate committee,
10354 provided such payment does not exceed one thousand dollars; and

10355 (H) The campaign treasurer of a candidate committee may,


10356 following an election or unsuccessful primary, utilize funds for the
10357 purpose of complying with any audit conducted by the State Elections
10358 Enforcement Commission pursuant to subdivision (5) o